Trademarks: Did you know?

everything you need to know about trademarks iphub asia

— that a trademark and patent offer two different types of protection?

While a patent protects your invention, a trademark will protect your logo, your company name or the name of your product or service. 

— that trademark protection is not compulsory?

It is not compulsory, but it is strongly recommended. Registration will grant you monopoly on the use of the trademark in relation to the goods/services for which it is registered. You will have stronger rights to use and protect a registered trademark.

— that trademark protection is territorial by nature?

For example, registration of a trademark in Singapore will grant you protection in Singapore only. If you wish to obtain protection abroad, applications in the specific jurisdictions should be filed accordingly.

— that we only need three details to help you file a trademark application?

Please let us have:

1) the applicant’s name and address

2) a representation of the mark in JPEG format, and

3) the goods/services you use your trademark for.

We will take care of the rest.

— that there are 45 classes of goods and services?

When filing a trademark application, we need to select the class(es) of interest. There are 45 classes as per the Nice Classification, 34 showing a specific category of goods and 11 for services. Finding the right class for your trademark is critical, as a trademark filed in relation to the wrong category will be useless. 

— that trademark applications can be opposed by any third party during the application process?

Once the examination process is over, the mark is published in the Trademark Journal. During the publication period, any third party can oppose a trademark on the ground (among others) that their mark is confusingly similar to the published trademark. 

— that a trademark can be transferred anytime to a third party?

A trademark can be registered in the name of an individual or a company, and it can be assigned to a third party through signing a Deed of Assignment. Such assignment shall be properly recorded with the Trademark Registry to avoid complications. 

— that the ® symbol can only be used if the trademark is registered?

While the ™ symbol can be used even if a trademark is not registered, the ® symbol can only be used exclusively upon registration. It will deter third parties from using the same trademark for similar/identical goods or services.

— that a trademark can enjoy unlimited protection?

Indeed, as long as a trademark is renewed every ten years, it remains valid. Monitoring the renewal deadlines is therefore important to keep the trademark active.  

At IPHub Asia, we help businesses register their trademarks. If you have any questions about trademark registration and renewal, feel free to get in touch. We are there to guide you through the application process. 

You can also visit our website to learn more about our services.

As Founder and Managing Director of IPHub Asia, Dorothée is passionate about trademarks and the importance they hold in any business – small or large, in the Asian ecosystem. She has been living in Asia since 2003 and is up-to-date with the legislative changes of each country with regard to trademarks and other IP rights. She also enjoys visiting the South-East Asian region and is eager to discover new ways of doing business, embrace other cultures and meet new and disruptive entrepreneurs.

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