Understanding the basics of trademarks is crucial for any business looking to protect its brand. In this Singapore-specific guide, we explore what a trademark is, the classification system used for trademark registration, and the international protocols that Singapore adheres to. We’ll also delve into the different types of trademarks and the key considerations for a successful trademark application, ensuring your brand stands out and remains legally protected.

What is a Trademark

A trademark is a word or logo that is used to represent a company or product.

Trademark classification

Trademark registrations are country-specific, meaning that applicants must ensure their trademark is registered in each country where protection is needed. To promote uniformity, the Nice Classification was established by the Nice Agreement of 1957. This international classification system categorises good and services for trademark registration. Singapore is a signatory of the Nice Agreement, and the Intellectual Property of Singapore uses the Nice Classification for its trademark application. The Nice Classification divides good and services into 45 different classes:

• Classes 1 – 34: Goods
• Classes 35 – 45: Services

A trademark application can include multiple classes on how the mark will be used.

Madrid Protocol and WIPO

Singapore has also acceded to the Madrid Protocol on 31 July 2000, which essentially means that an international trademark application may be lodged with the World Intellectual Property Organisation (WIPO) through Singapore’s IPOS as the Office of Origin. The international application will serve to protect the trademark in several countries simultaneously through a single international application in comparison to having to make several applications at the respective national trademark offices.

Types of Trademarks

Conventional Trademarks: these trademarks are simply standard trademarks and they take the form of

• Word marks: words or any characters that can be typed out
• Logos: images and graphics
• Composite marks: combination of words and logos

Non-conventional Trademarks: modern trademarks which consist of

• Packaging and containers
• Sound, movement and hologram
• Colours
• 3D shapes

Collective Marks: marks which indicate membership in a certain association

• An example includes the acronym CPA which are used by Certified Public Accountants

Certification Marks: indicate regulatory certification and standards

• Examples include the Edutrust Mark administered by the Skillsfuture Singapore and also the Safety Mark for the safety of controlled consumer goods in Singapore

Key considerations for a trademark application

• Uniqueness and distinctiveness: ensure that the proposed mark is as unique, distinctive, and easily distinguishable as possible
• Potential confusion: assess whether the proposed mark could be confused with similar marks already in use by others
• Market impact: consider whether similar marks are being used in other target markets, as this may affect your marketing strategies