Trademark Registration: A Step-by-Step Guide
Building a brand in today’s competitive world is more than just a big business—it’s essential. Every brand has its distinctive voice, which helps customers recognise your company, establish credibility, and foster loyalty. This is called a trademark. However, competitiveness also breeds imitation, and it’s not uncommon. Brand copying may harm a company’s reputation.
That’s why protecting your brand through trademark registration is crucial. But what is trademark registration, and how can it benefit my business? This comprehensive guide explores the trademark registration process, its different types, its benefits, and why it’s essential for safeguarding your business.
What Is Trademark Registration?
So, what is trademark registration?
Trademark registration grants business owners the exclusive right to use the trademark for ten years. As long as the trademark is active, you may renew the registration after its expiry. Furthermore, trademark registration allows business owners to control its use.
Why Is Trademark Registration Important For Your Business?
Before we proceed with the importance of trademark registration, let’s establish what a trademark is and why it’s essential to register for a business. A trademark is a sign that distinguishes your business’s goods or services from those of other trades. Though you may have registered your business name with the Accounting and Corporate Regulatory Authority (ACRA) as part of the company registration process, it does not qualify as a trademark.
A trademark refers explicitly to a graphic representation owned by your company. This visual symbol or logo can be presented in letters, words, names, signatures, numerals, devices (figurative elements), brands, headings, labels, tickets, shapes and colours, or any combination of those elements. A trademark allows your consumers to recognise and identify your business with your company’s brand.
Think of the Apple brand, which features a half-eaten apple with a leaf logo, and Nike, which has a swoosh logo.
Aside from being a visual representation of your company brand, trademark registration adds immediate value to your brand. As you promote your products, consumers associate your trademark with your business. If someone uses your trademark for their products, your customers will be confused, which is the last thing you want for your business. Essentially, trademark registration protects your brand identity and ensures that others do not capitalise on your hard work.
Additionally, it enables you to expand your business geographically without the risk of trademark conflicts in another region.
Types of Trademarks
There are three types of trademarks: conventional, non-conventional, and Collective/Certification Marks. Understanding these will help you determine which best suits your brand.
Conventional Trademarks
- Word Mark: Typed words or characters.
- Figurative Mark: These usually include pictures, images or graphics.
- Composite Mark: This combines words or characters and images or graphics.
Non-conventional Trademarks
- 3D Shape: Goods or packaging that can be represented by line drawings or photos showing different views.
- Colour: A symbol which shows only colours with no pictures or words.
- Sound, Movement, Hologram or Others: Even if music or movement defines your brand, a graphical representation of these marks is required.
- Aspect of Packaging: containers or packaging in which goods are sold.
Collective Certification Marks
- Collective Mark: It serves as a badge of origin to distinguish goods or services of members of a particular association from non-members, such as Fairtrade and the Chartered Institute of Marketing.
- Colour: It serves as a badge of quality to guarantee that goods or services have been certified to have a certain characteristic or quality. Examples include ISO Management System certifications and the TUV SUD mark.
Difference Between Registered And Unregistered Trademarks
The key difference between a registered and unregistered trademark is the level of legal protection. You may have seen these symbols ™ and ® on some products and services, but they serve different purposes and should not be used interchangeably. Here’s why.
TM
This symbol informs others that you use the company logo or name as a trademark. This trademark status can also be viewed as unregistered or in the process of being reviewed for a certificate of registration. In this case, it is not protected under the trademark laws. As such, others may file an application of registration for your trademark.
R
Once your application is approved, the Intellectual Property Office of Singapore (IPOS) will issue a certificate of registration, updating your trademark status as “Registered”. You can then have the legal right to use the ® symbol next to your brand. With this status, your mark is protected under trademark laws. A registered trademark grants you exclusive usage rights and enhances your brand’s market value.
Benefits Of Trademark Registration
While trademark registration is not mandatory in Singapore, it offers many benefits. Here are the advantages of registering your trademark:
Legal protection: It protects your market share by ensuring no one uses or copies your trademark.
Brand identity: It enhances brand identity, making your trademark easily recognisable while building credibility and consumer trust.
Quality Assurance: It assures quality, as consumers often associate products or services with a well-known trademark with reliability.
Brand Reputation: If you plan to market globally, an international trademark registration can quickly gain your local consumers’ trust.
Global expansion: Likewise, registering your trademark in Singapore can facilitate international expansion, protecting your brand identity as you enter foreign markets and gain recognition globally.
License to other users: Having a trademark registration enables you to license your brand to other businesses, generating additional revenue.
Raise equity: It can be sold and used as a security interest to acquire a business loan.
Trademark Registration Process
The trademark registration process involves a few steps that vary based on the application requirements. To register for a trademark, you will need to go through a few important steps and prepare the necessary trademark registration documents, which include:
- Creating a Trademark
- Identifying the class of goods and services from Nice Classification
- Filing of application with the necessary paperwork on IPOS’s website
Once you have the above ready and submitted, the IPOS will review the trademark registration documents and ensure they meet the minimum requirements.
If you are a foreign company registering a trademark outside of Singapore, we can help you file your trademark application from Singapore through the Madrid Protocol. This treaty allows you to secure international registration with a single application.
Navigating these steps successfully is key to protecting your brand’s identity and legal rights. To ensure your application will not be objected to, it’s advisable to seek consultation from specialists like Lanturn, who are familiar with the process. Our experts will help you avoid objections and ensure a smooth application so that you can focus on growing your business.
Costs Involved in Trademark Registration
The costs of trademark registration vary depending on the classification of your goods and services. The process for registering a trademark looks tedious, but at Lanturn, we simplify the process by helping you determine the pre-approved descriptions of goods and services and advising you on the right classification for your business.
Protect Your Brand With Lanturn
In essence, trademark registration protects your brand from infringement, safeguarding the time and effort you’ve invested in building customer loyalty. It also adds value to your business and gives your business a competitive edge over the others. Navigating the registration process is challenging, especially when starting a new venture or relocating your business to Singapore. At Lanturn, we have a team of experienced experts who specialise in trademark registration. We can advise you on your mark’s registrability, determine the appropriate class for your goods or services, and assist you in similar mark searches. Trust us to prepare your trademark registration documents while you focus on the core business activities. Ready to protect your brand? Speak to us today!