Have you trademarked your company’s symbol and/or name, brands or product signs? or have you registered the design of your products?
There’s no stopping another individual/company to take possession of those trademarks as it is on a first-come, first-serve basis within a territory. By not registering, do you know that you can only rely on the common law action of passing off to protect the mark against imitation or infringement.
The benefits of Registered Trademark are numerous:
- Registration ensures that you can safely use your trademark without worrying about any unintentional infringement on third party’s trademark.
- Trademark certificate is the best proof of your claim on the mark.
- Registration enables lawful use of ® next to your trademark.
- Registration blocks other people from registering an identical mark on your specified goods.
- Registration gives you a good ground to oppose any attempt by your competitors to register a confusingly similar mark.
- Registered mark is a preliminary for planning to expand your business by franchising.
- Registration empowers you to take legal action against counterfeiters.
- Registered trademark is a corporate asset which is useful when making valuation of your company in M&A or IPO situations.
Sample of Registered Trademark Certificate as follows:
Why leave it to chance and hope that nothing goes wrong?
A trademark commonly takes the form of a symbol / logo / word utilized in the course of business to distinguish the goods/services from those of other competitors. A registered trademark denoted with ® symbol, gives the owner the legal right to use, license or sell it in future and prevent others from profiteering from it. A trademark adds great value to a business.
The decision whether to apply for trademark protection is a commercial one. A trademark is a marketing tool and your trademark must be able distinguish your goods or services from others in the relevant industry. You should avoid applying for trade marks that:
- Denote the kind, quality, quantity, intended purpose, value, the time of production of goods or of rendering of services
- Consist of common surnames or geographical names
- Conflict with an earlier trade mark
- Mislead the public about the nature of the goods or services.
There are 45 classes in classifying trademarks – Classes 1 to 34 are for goods and classes 35 to 45 are for services.
Registered Designs are used primarily to protect designs for industrial use. It is the right given by the Government to the owner to control the use of his design. If you register a design, you will be protecting the external appearance of the article.
You should register your design at the earliest opportunity as the design registration system in Singapore operates on a first-to-file basis.
Sample of Registered Design Certificate as follows: