Trade mark search in Singapore: how to check if your brand name is taken

Before you order signage or print packaging, make sure nobody already owns your brand name as a trade mark in Singapore. You can do a first check yourself, free of charge, on the register kept by IPOS, the Intellectual Property Office of Singapore.

This guide shows how to check if a brand name is trademarked, what to search for, and what a free search cannot tell you.

How do I check if a trade mark is registered in Singapore?

Use the free IPOS trade mark search, called TM Similar Mark Search, on IPOS Digital Hub. IPOS encourages applicants to run it before they apply.

1. On IPOS Digital Hub, open the Search menu and choose TM Similar Mark Search.
2. Type the words of your brand name in the "Word(s)-in-mark" field. If it includes Chinese characters, type them in the "Chinese Character(s)" field.
3. If you have a logo, upload an image of it.
4. Choose the class or classes for your goods or services, run the search, and read through the results.

A class is a numbered category of goods or services. Not sure which is yours? IPOS's Classification Search lets you look up goods and services, and our guide to trade mark classes explains how they work.

What should I search for?

Search for similar names, not just your exact name.

IPOS refuses a new mark that is the same as or similar to an earlier mark, for the same or similar goods or services, where the public is likely to be confused. Marks are compared on how they look, how they sound and what they mean. So search for:

• Spelling variants: plurals, a letter added or dropped, words joined or split, a number in place of a word.
• Sound-alikes: a different spelling that is said the same way.
• The same meaning: the same idea in other words, and translations, including Chinese.
• Each main word on its own: if your name has two words, an earlier mark using just one of them can still matter.
• Logos: a similar picture can clash even where the words differ.
• Related classes: goods in different classes can still be similar, so look beyond your own class.

Say a bakery plans to sell bread as BRIGHTLOAF. A sensible first search would cover BRIGHT LOAF, BRITE LOAF, BRIGHTLOAVES and BRIGHT on its own. It would cover the class for bread, and also the classes for cafe and retail services.

What does a free trade mark search miss?

A free search shows what is on the register. It cannot tell you whether your name is safe.

Whether a similar mark is a real problem. A search gives you a list, not an answer. Names that look different can still be found similar, and many near matches are harmless.

Applications not yet registered. Earlier applications still going through IPOS count, not just registered marks. Some earlier applications, such as ones first filed overseas, may not be on the register yet when you search, yet can still rank ahead of yours. An expired mark is not always free either: it can sometimes be renewed or restored.

Someone who already uses the name. A business that has traded under the name in Singapore and built up a customer base may be able to stop you, even if it never registered it. A brand well known in Singapore can also be protected without being registered. None of this shows on the register. The owner usually raises it by opposing your application, a formal objection filed after IPOS publishes it.

Company names. A company or business name registered with ACRA, Singapore's company registry, is not a trade mark. IPOS says registering one "does not equate to trade mark protection". A company with your name may still be trading under it, though, so it is worth a look. Our guide to trade marks and company names explains the difference.

Overseas brands. A trade mark registration protects a brand only in the country where it is registered. A brand registered only abroad will not appear on the Singapore register, yet it matters if you plan to sell there.

Whether your own name can be registered. IPOS also refuses marks that simply describe the goods or services, such as their kind, quality, purpose or where they come from. A clear search says nothing about that.

Is a free search enough?

It is a good first step. Before you spend on a name, get a professional search and opinion.

A professional search covers the variants systematically. It reads what each earlier mark actually covers, not just its class number, and applies the tests IPOS applies. The value is in the opinion: which earlier marks are a real risk, whether to adjust the name or the goods and services, or whether to choose another name.

No search can guarantee registration. IPOS examines every application, and others can oppose a mark once it is published. A good search lets you file knowing the risks.

When should I search?

Search before you settle on the name: before the logo, the domain, the packaging and the launch.

New applications are filed all the time, so check again just before you file. Then file promptly. IPOS itself advises registering as soon as possible.

How JK Marcam helps

Send us your brand name and a line on what you sell. Before you engage us, the consultation (online, by phone or by video call) and a basic clearance search are free.

If you go ahead, you appoint us and we issue our invoice. We then prepare a full clearance search and registrability report, with our written opinion on the risks and on whether the mark can be registered.

That report is included in our Singapore registration fee of 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 file with IPOS within the same business day of your filing instructions. IPOS takes up to 9 months for a straightforward application. If you plan to sell overseas, international work is handled end to end by JK Marcam.

Read more about our trade mark search and assessment, or book a free consultation.

Questions

Written by the JK Marcam team. General information, not legal advice; IPOS practice and fees change, so check the date above.