™ and ® look alike but mean different things. IPOS, the Intellectual Property Office of Singapore, says they "should not be used interchangeably".
This guide explains when you may use each in Singapore.
What does ™ mean?
™ tells people you are using a name or logo as a trade mark, that is, as your brand. IPOS adds that a mark carrying ™ may not be registered.
You can put ™ on any brand you use as a trade mark, registered or not, including before you apply and while your application is with IPOS. ™ does not make it safe to use a brand that conflicts with someone else's earlier mark, though.
™ is a notice, not a right: by itself it gives no legal protection and does not stop anyone using a similar name. The exclusive rights that the Trade Marks Act gives come from registering the mark.
SM, for service mark, is rarely seen in Singapore.
What does ® mean?
® means registered. IPOS says it indicates that the mark is protected under trade mark laws.
Where either symbol goes is a matter of common practice: small and raised at the top right of the mark, at its first or most prominent use on a page or pack.
Can I use ® before my trade mark is registered?
No. IPOS says ® is only allowed after the status of your trade mark has been updated as "Registered". So keep to ™ while:
- you are still deciding whether to apply;
- your application is being examined;
- your application has been accepted or published but is not yet registered.
A published application can still be opposed during the opposition period. A granted registration counts from your filing date, but you still cannot use ® from the day you file. Check the status on IPOS Digital Hub before you switch.
Is it an offence to use ® wrongly?
It can be. The Trade Marks Act makes it an offence to falsely represent that a mark is registered, or to make a false representation about the goods or services it is registered for, where you know or have reason to believe it is false. The maximum fine is S$10,000.
Under the Act, the word "registered", or any other word or symbol referring to registration, used in trade in Singapore in relation to a trade mark counts as a claim of Singapore registration. So an abbreviation such as "Regd." next to a brand counts as well.
Can I use ® on all my goods and services?
Only on the goods and services listed in the registration, in the classes you chose (our guide to trade mark classes explains them). Where you use the brand on anything else, use ™.
My mark is registered overseas. Can I use ® in Singapore?
Be careful: a registration protects a brand only in the country or region where it is registered.
In Singapore, ® used in trade counts as a claim of Singapore registration. The exception is narrow: it must be shown that the ® refers to a registration abroad, and that the mark really is registered there for those goods or services.
The simple course is to use ™ in Singapore until your Singapore registration comes through. Our registration cost and timeline guide sets out the steps.
I registered a logo. Can I put ® on the name alone?
Put ® next to the mark as it is registered. If you registered a logo, the name used alone in plain text is not exactly what is on the register. The careful course is ® on the logo and ™ on the name alone, or to register the name as a word mark too, which usually gives broader protection.
If you registered the name as a word mark and later add a new design around it, place ® next to the name, not the design. This is practical guidance, not a rule written into the Act.
How long can I keep using ®?
As long as the registration is in force. A registration lasts 10 years and can be renewed for further 10-year periods: from six months before expiry, or up to six months after with a late fee. Renew by the expiry date. If the registration expires and you have not renewed it, stop using ® until you do.
If it is not renewed, IPOS removes it from the register, although restoration may be possible within six months. ® must also come off if a registration is cancelled, for example because someone applies to revoke it after five years without genuine use following registration.
A worked example
TEAKWREN is an invented Singapore furniture maker. It prints TEAKWREN™ on its swing tags, applies to register its logo for furniture, and keeps using ™ while the application is with IPOS.
When IPOS Digital Hub shows "Registered", it switches to ® on the logo. Its later furniture restoration service is not in the registration, so the restoration flyers carry the logo with ™. Ten years after filing, it renews on time, so the ® stays.
How JK Marcam helps
Our consultation (online, by phone or by video call) is free, and we provide a complimentary basic clearance search before you proceed, which picks out obvious barriers. Our trade mark search guide shows what you can check yourself.
We file with IPOS within the same business day of your filing instructions. IPOS currently takes up to 9 months for a straightforward application. When the mark is registered, we send the certificate and confirm that you may now use ®, and for which goods and services.
Our fee is S$600 per class, all-inclusive, IPOS official fee included, where the goods and services are fully taken from IPOS's pre-approved terms. Additional fees apply where they are not. We also track your renewal date and remind you well before the deadline. International work is handled end to end by JK Marcam.
Read about our pricing and process, or book a free consultation.
Questions
Can I use ™ if my trade mark is not registered?
Yes. ™ simply tells people you use the name or logo as your brand, so you can use it before you apply, while your application is pending, or without applying at all. It gives no legal protection by itself.
IPOS has accepted and published my application. Can I use ® now?
Not yet. IPOS says ® is only allowed once the status of your trade mark shows as "Registered". A published application can still be opposed during the opposition period. Keep using ™ until the status changes.
What happens if I use ® on a mark that is not registered?
The Trade Marks Act makes it an offence to falsely represent a mark as registered where you know or have reason to believe it is not, with a fine of up to S$10,000. If you have used ® too early, stop and switch to ™.
My mark is registered in another country. Can I use ® in Singapore?
Only with care. In Singapore, ® is treated as a claim of Singapore registration unless it is shown that it refers to a registration abroad that really exists for those goods or services. The simple course is to use ™ in Singapore until the mark is registered here.
Does a Singapore registration let me use ® overseas?
Not necessarily. A registration protects your brand only in the country or region where it is registered, and other countries may treat ® as a claim of registration there. Check each country's rules, and ideally register there, before using ® on goods or services sold there.
Questions about your own mark? The first consultation and a basic clearance search are complimentary, with no obligation.
Written by the JK Marcam team. General information, not legal advice; IPOS practice and fees change, so check the date above.