By Lucas Seah, Excellence Singapore Corporate Services Pte Ltd
In Singapore’s competitive and innovation-driven economy, a business’s identity is more than just a name — it’s a legally significant asset. Entrepreneurs and brand owners must understand the distinct roles and legal implications of trademarks, trade names, and domain names. While often used interchangeably in conversation, these identifiers serve different functions and are governed by separate legal frameworks. This blog explains each, guiding business owners on how to protect their brand effectively through trademark registration, trade name and domain names.
Content
4. Comparison Table: TM vs Trade Name vs Domain Name
5. Common Pitfalls and How to Avoid Them
Trade mark in Singapore
What is a TM?
Under the Singapore Trade Marks Act 1998 (2020 Rev. Ed.), a trade mark is defined as any sign capable of being represented graphically and which is capable of distinguishing goods or services of one undertaking from those of others. Trademarks may include words, logos, slogans, shapes, colors, or a combination of these elements. For instance, both a brand name like “TIGER BALM” and a slogan like “JUST DO IT” can qualify as trademarks if they meet the criteria of distinctiveness.
Registration Process
Trademarks are registered with the Intellectual Property Office of Singapore (IPOS). The process includes:
– Filing the application online via IPOS Digital Hub
– Examination by IPOS for compliance and potential conflicts
– Publication for opposition
– Registration if no opposition is filed
The timeline from filing to registration typically spans 8 to 12 months. Filing fees start from S$240 per class of goods or services.
Rights and Protection
A registered TM grants the owner exclusive rights to use the mark in relation to the specified goods or services. These rights last for 10 years and are renewable indefinitely. Infringement may occur when an identical or confusingly similar mark is used without permission, and legal remedies include injunctions, damages, and account of profits.
Trademark registration safeguards a brand’s reputation and consumer trust. It also facilitates market expansion, franchising, and licensing. Moreover, a registered mark enhances a business’s legal position in disputes and provides a competitive edge in both local and international markets.
Trade Name in Singapore
What is a Trade Name?
A trade name refers to the name under which a business operates and is registered with the Accounting and Corporate Regulatory Authority (ACRA). Unlike trademarks, a trade name merely identifies the business entity and does not grant intellectual property rights.
Registration Process
Business name registration is conducted through ACRA’s BizFile+ portal. Business names must not be offensive, undesirable, or identical to existing names. Importantly, registration with ACRA does not ensure that the name can be used freely as a TM.
Rights and Limitations
Registering a trade name does not grant exclusive rights to prevent others from using similar names or logos in commerce. This can lead to legal disputes, especially if the name conflicts with an existing TM registered with IPOS.
Considerations for Business Owners
Before registering a business name, owners should check IPOS’s TM database to avoid conflicts. ACRA registration does not protect brand identity; only TM registration offers enforceable IP rights.
Domain Name in Singapore
What is a Domain Name?
A domain name is the digital identity of a business on the Internet, such as www.brandname.com.sg. It is crucial for e-commerce, online branding, and digital communication.
Registration Process
Domain names are registered through accredited registrars. Domain extensions like .sg and .com.sg are regulated by SGNIC. Registrants must meet eligibility requirements, such as having a local presence for .com.sg domains.
Rights and Disputes
Domain name registration does not equate to TM protection. Disputes over domain names are handled under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or SGNIC’s own Dispute Resolution Policy. Infringement cases often arise when domain names mirror well-known trademarks without consent.
Best Practices
To avoid conflicts, businesses should register domain names that align with their registered trademarks. Regular renewals and security measures such as WHOIS privacy and SSL certificates are also recommended.
Comparison Table: TM vs Trade Name vs Domain Name
Common Pitfalls and How to Avoid Them
– Assuming trade name = TM: ACRA registration does not protect brand elements. Always register key brand identifiers with IPOS.
– Skipping TM searches: Not checking existing marks can lead to opposition or infringement suits.
– Delaying domain registration: Valuable domain names may be snatched by cybersquatters. Secure early.
– Ignoring renewals: Trademarks expire if not renewed every 10 years. Lapsed protection weakens enforcement rights.
Conclusion
Protecting your business identity requires more than just registering a name. Trademarks provide the strongest legal protection, while trade and domain names play supporting roles in public recognition and digital accessibility. By understanding the distinctions and registration processes, business owners can build a defensible brand and avoid costly legal conflicts. As the saying goes: secure your name, safeguard your brand.