Trademark Office Action in Singapore
Office Action / Examination Report
An Office Action or Trademark Examination Report is issued to the applicant by the examiner, citing similar or conflicting marks and grounds for refusal. The application will be examined to determine whether the mark is registrable according to the law.
What are considered Unregistrable Marks?
The following are some common examples of marks that cannot be registered under the trade mark laws in Singapore:
Descriptive marks: Marks that describe the goods and services of the business.
Deceptive marks: Marks that attempt to deceive the public
Marks that are identical to earlier marks: Marks that are identical to an earlier mark and the goods or services for which the trade mark is sought to be registered are identical to the goods or services for which the earlier mark is protected.
Marks that could cause confusion: A trade mark may not be registered if it is likely to cause the public to be confused under these circumstances:
• it is identical with an earlier mark and is to be registered for goods or services similar to those for which the earlier mark is protected;
• it is similar to an earlier trade mark and is to be registered for goods or services identical with those for which the earlier mark is protected; or
• it is similar to an earlier trade mark and is to be registered for goods or services similar to those for which the earlier trade mark is protected.
Marks that are identical /similar to well-known marks: A trade mark may not be registered if it is identical or similar to an earlier mark that is well-known in Singapore.
The applicant / owner has to respond to the examination report within the stipulated time, substantiating the reasons as to how the proposed mark is unique and is not confusingly similar to the cited marks. The applicant may also request for an “extension of time” to extend the deadline.