Singapore Treaty on the Law of Trademarks

Trademark Law Singapore Treaty

Singapore is one of the most developed countries in Southeast Asia, where the commercialization of its products and services is booming. To ensure the authenticity of products and services, a legal framework needs to be in place to protect the brand and the reputation of the company. The Trademark Law Singapore Treaty (TLS) is the legislative framework for the registration and enforcement of trademarks in Singapore.

The TLS sets out general principles for trademarks and also provides guidelines for registering various types of marks. All marks must comply with the law of Singapore and the international conventions that Singapore is a signatory to. To be eligible for registration, a mark must be distinctive, not deceptive, non-generic, non-functional and non-misleading.

The TLS also facilitates the protection of well-known trademarks by providing a mechanism for the registration of marks. In order to do so, a trademark must be recognized as having been “made famous” in Singapore, meaning that it is known to a large extent by the general public in the country. This recognition is dependent on factors such as level of advertising, geographical extent and the extent of recognition by the public.

The TLS also outlines the legal remedies and defenses available to companies and individuals whose trademarks have been infringed. These remedies include injunctions prohibiting the infringement, awarding damages to the owner of the mark, disgorgement of proceeds from the infringement, cancellation and/or alteration of the infringing mark, and criminal prosecution for certain cases of infringement. In addition, the TLS sets out a mechanism for the expedited resolution of disputes and a system of collective management of trademarks, so that authorized companies may Pool trademarks collectively and agree to collective use of the pooled trademarks.

Finally, the TLS sets out enforcement measures such as the ability of the Registrar to inspect records of companies and other entities that produce and/or distribute infringing goods, and the ability to take legal action for malicious trademark registration, counterfeiting and unfair competition.

Overall, the TLS is a comprehensive legal framework providing sufficient protection to trademark owners and making Singapore a safe and secure place to conduct business. As such, the TLS should be carefully understood and followed in order to ensure that all trademarks applicable to the respective countries are correctly and adequately protected and enforced.

The Singapore Treaty on the Law of Trademarks (the “Singapore Treaty”) is a multilateral treaty that was adopted at a Diplomatic Conference in Singapore on 27 March 2006 under the auspices of the World Intellectual Property Organization (WIPO). The Singapore Treaty provides a comprehensive set of international rules and regulations regulating the registration and protection of trademarks, particularly in regards to the international registration of trademarks and their protection in multiple jurisdictions.

The Singapore Treaty was designed to replace the previous 1991 Paris Convention on the International Protection of Trademarks, which was created in 1883 and sought to harmonize and balance the rights of trademark owners across different countries. The Singapore Treaty was drafted to reflect the advances in technology, global commerce and intellectual property laws in the decades since the Paris Convention was first adopted.

The Singapore Treaty includes provisions on the recognition and protection of international registrations of trademarks, the prerequisites for such recognition and the means of enforcing the rights accorded under international registrations. The Singapore Treaty also includes provisions on the protection of collective and certification marks and on the prevention of deceptive marks.

Moreover, the Singapore Treaty regulates the transfer of trademarks by providing for the registration of assignment and inheritance of trademarks, as well as imposing formal requirements thereto. It also provides for the collective and licensed use of trademarks, setting out the conditions that define the legality and validity of such uses. Lastly, the Singapore Treaty provides for remedies in case of infringement of the rights accorded under that Treaty.

In all, the Singapore Treaty seeks to provide uniformity and harmony across the different legal systems of the world and to create an “international system” of trademark law that protects the rights of owners everywhere. In effect, the Singapore Treaty contributes to the protection and better enforcement of trademarks in international jurisdictions and allows for a more straightforward, effective and uniform system of trademark protection.