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Notes to
Form Completion |
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Submitting Your Mark to Us for Registration |
| A |
After submitting this form, please send us the Mark in picture formats of
bmp, gif, or jpg via email to
info@law.com.sg or
trademark@law.com.sg. |
| B |
The image should be less than 0.6 mb in size. |
| C |
Ensure the Mark is approximately 480 x 480 pixels, and can be Black &
White or Colour. If you are claiming Colour Limitation or Feature, you
must forward the Mark to us in Colour. |
| D |
After submission, you will receive our reply via email with instructions
on procedures following your submission. In general, we will require a
Warrant to Act and Letter of Authorisation (in our formats) to be
forwarded to us and a deposit. |
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1 |
Type of Mark |
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WORD MARK. The most
common type of trade marks is a word mark, consisting of
one or several words, e.g. McDonalds or Coca-Cola. |
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DEVICE MARK. This could
be just a device like the well known shell of SHELL, or
a word and a device in combination. |
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3 |
Priority Claims in
Country |
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Please forward
certified copy of priority document and translation (if
applicable). |
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4 |
Additional Claims |
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3-DIMENSIONAL MARK &
SHAPE
The actual article or its packaging might work as a mark
in some cases. Examples are bottles of perfume or
liqueurs. |
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COLOURS |
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(i) The purpose of a
colour claim is to make it clear, where a trade mark is
filed in colour(s), that the colours are not
illustrative and are intended to form part of the trade
mark tendered for registration. |
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(ii) If you are
claiming colour(s) as a trade mark, the colour(s) and
not other features of the mark will be examined by the
authorities for the purpose of registration. Therefore,
you should not select on the box for 3-dimensional shape
or aspect of packaging in addition to a claim for
colour(s). |
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(iii) It would also
mean that other competing traders cannot use this
colour(s) if this mark is subsequently registered. |
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(iv) You may be
required to provide a Statutory Declaration with
supporting evidence in the form of brochures and sales
receipts to prove that your mark has acquired
distinctiveness through continuous prior use. |
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(v) Note that a claim
of colours as a trade mark is not a voluntary limitation
of your rights to particular colour in
section 6. |
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5 |
Description of Your Claim to Particular Feature in Words |
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Effects whether colour
is claimed or not. If the representation of the mark is
not accompanied by a claim of the colour(s) as anelement
of the mark, the colour(s) will not be taken into
account in assessing distinctiveness. |
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Because of this, a
colour claim is essential if the applicant wishes to
highlight the fact that he considers the particular
colour or colours to be a distinguishing feature
or features of the mark, or if it is the primary element
of the mark. |
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Example (1) : “The
applicant claims the colours red and yellow as the trade
mark as shown in the representation included in this
application.” |
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Example (2) : “The
applicant claims the colours yellow and green as
elements of the trade mark as shown in the
representation included in this application.” |
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6 |
Limitations or
Disclaimers |
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(i) If you are limiting
your rights to certain colour(s), this means that you
will only use your mark in the colour(s) as indicated by
you. This is distinct from claiming claiming the
colour(s) as a trade mark. |
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(ii) You are seeking to
protect your mark in its entirety, be it a word mark or
device mark with specific stand that it will be used in
conjunction with certain colour(s) only. |
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(iii) If you are
limiting your rights to certain colour(s) only, please
ensure that the mark forwarded to us is in the actual
colour(s) to which you wish to claim colour limitation. |
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Example (1) :
Registration of this mark shall give no right to the
exclusive use, of the words 'To Be The Best'.
Example (2) : The first mark in the series is limited to
the colour(s) as shown in the representation on the form
of application. |
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8 |
Mark containing Non-English word(s) |
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Representation of
the word(s) |
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Complete this part if
mark contains foreign word(s) made-up of English
alphabet(s). Eg. French or Malay word. You must provide
translation of the foreign word(s) by a certified
translator. |
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Transliteration of character(s) in English |
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Complete this part if
Mark contains foreign character(s), i.e. non-English
alphabet(s). Eg. Japanese or Chinese characters. You
must provide translation and transliteration of the
foreign character(s) by a certified translator. |
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9 |
Specification of Goods / Services |
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For registration of
your trade mark, you are required to state the exact
class number and appropriate specifications according to
the Nice International of Classification of Goods &
Services. |
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Classes & Accepted Items -
For a list of Classes
or at
WIPO website |
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If the items as
specified by you do not conform with the accepted
list, please let us have any precedent specification
(if any) previously accepted in Singapore, United
Kingdom, Australia or Hong Kong. |
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