May 9, 2022
# Introduction to TrademarksWhy Trademark?

3 Reasons Why Your Business Needs A Trademark Registration

3 Reasons Why Your Business Needs A Trademark Registration

A trademark is a sign that allows customers to recognize your products or services among other similar products or services in the market. The most common types of trademarks are company names, brand names and logos that are used on your products or services.

By registering your trademark in Singapore, you will have exclusive rights to use the trademark in Singapore and no other company can use your trademark for similar goods or services. This also means that no company can stop you from using your trademark as you are its rightful owner.

While trademark registration in Singapore is not a legal requirement, there are essential benefits in doing so.

1. Gain ownership of your trademark

As your brand develops and gains traction, your business is bound to be noticed by other players in the industry. If you did not register your trademark, it is possible that you have been infringing on another business’s registered trademark and they may choose to ask you to stop using your trademark. When this happens, you may not have any other option other than to change your branding entirely and to restart all your marketing and branding efforts.

Registering your company name with the registry of companies, e.g., ACRA in Singapore, does not give your company the rights of a trademark owner and will not be sufficient as a defense for using the trademark.

A trademark registration provides you with the peace of mind that you are not unknowingly infringing on the rights of another party and you can safely invest in growing your brand.

As trademark registration is on a first-come-first-serve basis, it is always better for companies to register their trademark as early as possible.

2. Easy enforcement of your trademark rights

When someone uses a trademark that is identical or similar to your registered trademark for similar goods or services, they are infringing on your rights as the trademark owner.

By registering your trademark, you would be able to easily stop others from using your trademark or a trademark that is similar to yours by enforcing your rights as the registered trademark owner. If the court agrees that there has been an infringement of your trademark rights, you would be able to attain an injunction that orders the infringing party to stop using the trademark.

Without a trademark registration, you would need to rely on common law to show that the other party is passing off on your rights. To do so, you would need to show that your brand has attained sufficient reputation and goodwill in the market, among other requirements. For companies that have just started, this would be an impossible task.

3. Provides an indication of trust

If you have plans to franchise your business, invite investors to invest in your company or sell your business, having a trademark registration will assure the franchisee or buyer that your brand is not infringing on the rights of another party. Your trademark registration thus acts as an indication of trust and greatly reduces the legal risk of these parties who are interested in your business.

Other considerations

1. Costs

Trademark registration in Singapore costs SGD 280 to SGD 380 per category of goods or services the trademark is to be used in relation to. The registration lasts for 10 years and there are no additional fees until the trademark is renewed near its expiry date.

For a list of fees payable for trademark registration in other countries across the world, you may refer to this link: www.catandpillar.com/pricing.

It is worth noting that once your trademark has been filed, only very minor changes can be made to the application. Changes to the trademark itself generally cannot be made...

2. Continual use of the trademark

When your trademark registration is approved, you will have to use the mark within five years or face the risk of it being revoked..

3. Overseas trademark registration

Trademark registration in Singapore will open opportunities for your brand to register overseas via the Madrid Protocol, a system that allows companies to register their trademark in multiple nations with a single application.

This is a viable option, especially if your business or company intends to expand overseas in numerous markets. The Madrid Protocol is generally a morea efficient and affordable solution compared to registering your trademark individually in multiple nations.

Conclusion

Now that you are aware of the benefits of a trademark registration to your brand or company, you may want to consider filing an application. While it is possible to do it yourself, it always is easier to engage a professional to help you with the process to avoid unnecessary rejections from the trademark office and to ensure that your rights are accurately and sufficiently protected.

Cat And Pillar is here to guide your business through this trademark registration process. From trademark applications to the Madrid Protocol, we are able to help your business or brand secure its brand identity.. For more information, you may contact us at www.catandpillar.com

Introduction to Trademarks

Why Trademark?