Trade Mark Renewal

Although it is not necessary to register a trade mark to use it, trade mark registration adds tremendous value to enterprises.

By obtaining a trade mark registration, the trade mark owner has the right to control the use of the trade mark. This includes the following rights:

• Without the consent of the owner, the use of registered trade marks in Singapore by other parties is prohibited;
• The right to prevent trade marks similar to existing registered trade marks from being registered in Singapore (in the same or similar categories of goods or services).

Owners of registered trade marks can use their trade marks in a variety of other ways: he may better protect his market share (ie. his profits) by prohibiting others from copying his trade mark; he can license it to third parties for commercial returns (for example, through franchising); he can sell ​​the trade mark at a specific price (for example, in a company acquisition); or he can use the trade mark to raise capital for his business.

Registering a trade mark in Singapore is not mandatory. An individual, company or company that owns a trade mark and uses it for its goods or services obtains the common law rights of the trade mark through the use and reputation of the trade mark.

>> The common law generally refers to laws based on past decisions and general principles, which are used as precedents or apply to situations not covered by regulations.

For unregistered trade marks, the owner can only rely on common law action of “passing off” to protect their trade marks against imitation or unauthorized use by others. However, this remedy requires the owner of the mark to prove his reputation and goodwill. The requirement of proving reputation and
goodwill may pose some problems where the business, or the use of the trade mark, has not been
established for a substantial period of time.

On the other hand, the registered trade mark grants the trade mark owner a statutory monopoly. If others use the same or similar trade marks on the same or similar goods or services in respect of
which the mark is registered, the registered trade mark owner may rely on their trade mark registration as evidence of their trade mark rights and sue the other party for trade mark infringement.