What is a Trademark?

In Singapore, a trademark is defined as a “sign” capable of pictorial representation that is used by a trader to establish a link between himself and specific products and services throughout the course of business.

For example, except for Apple Computers, Inc., no one in the computer business is permitted to use the term “Apple” to identify themselves. The Intellectual Property Office of Singapore (IPOS), a statutory body under the Ministry of Law, is the appropriate authority for trademark registration in Singapore.

What is Trademark?

A trademark is a letter, word, name, signature, number, device, brand, heading, label, form, colour, the feature of packaging, or a combination of these that is used to identify a person’s products or services from those of others in the course of a business or trade. The primary purpose of a trademark is to recognise the trader’s products or services from those of other vendors. A trademark is, therefore, an essential part of any company since it not only represents a trader but it also informs customers that the products or services displaying the mark are from a distinct source, identifiable from all other sources for those goods or services.

Brands and the reputations they represent have a significant impact on consumer buying choices. Through trademarks, a company may protect the distinctive features of its brand and prohibit others from exploiting them. That is why it is critical for business leaders to identify trademarks as valuable assets that aid in the growth of their company, as well as to understand the primary laws that apply to the protection of this kind of intellectual property.

The terms “trademark,” “copyright,” and “patent” are often used inaccurately. Trademarks, copyrights, and patents are all forms of intangible property that may be purchased and sold, licenced, or used for commercial purposes. They, on the other hand, each protects a distinct set of interests.

Copyrights protect original work such as paintings, computer programmes, sculpture, and architecture, while patents protect new inventions, findings, and design elements. Trademarks do not provide any protection for originality or creativity. In reality, a trademark may be obtained without the owner’s creative or inventive contribution. For example, when the public started referring to “Coca Cola” as “Coke,” the new word immediately became a source identifier for the product and, therefore, a trademark.

A trademark may be found on a box, a label, a coupon, the product itself, and other places. A trademark is a kind of intellectual property that may be held by a person, a company or any other legal entity.

In Singapore, the following trademark kinds are registrable:

Trademarks: The most frequent form of registration used.

Collective mark: It is used to differentiate the products or services provided by members of an organization or group of traders from those offered by non-members of the association.

Certification mark: It is used to differentiate products or services that have been certified by the mark owner from those that have not been certified. The certification may be for a specific feature of the certified products or services, such as an indicator of origin, material, quality, manufacturing method, or service performance.

How do you recognize a Trademark?

The symbols ® and TM are often used to designate trademarks. The following are the differences between the two symbols:

• ® denotes a legally registered and protected trademark, while TM denotes an unregistered and unprotected trademark.
• The ™ symbol only indicates that the owner is using the mark as a trademark, but it does not imply that the mark is registered or protected under trademark rules.

Although you are not required to use any of the symbols, there are two significant benefits to doing so. For example, the symbols signal to the rest of the world that you are claiming the symbols as trademarks, which will prevent o