Common Used Terms in Trademark |
| 1. Class |
Goods and Services are divided into different classes according to the Nice Classification system. There are presently 34 classes of goods and 11 classes of services.
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| 2. Descriptive Mark |
A mark that contains only of elements that describe the features of, or elements that provide a description of the goods or services. Such a mark is not registrable.
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| 3. Distinctive Mark |
A mark that is clearly defined and not easily mistaken for other similar marks.
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| 4. Examination |
The process by which the trade mark examiner decides if a mark is registrable in accordance to the law.
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| 5. Opposition |
The process by which a member of the public, or an interested third party may object to the registration of a trade mark.
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| 6. Priority Claim |
The date officially established when the applicant first files for a trade mark application in a country that is a member of the Paris Convention or the World Trade Organisation.
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| 7. Representation |
This refers to the drawing, image or photograph depicting the trade mark.
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| 8. Search |
The process by which the examiner searches for any existing and conflicting trade marks, as well as for geographical names, and names of pharmaceutical substances.
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| 9. Well known marks |
Generally, if a mark is well known to a relevant sector of the public, it can be considered well known. This "relevant sector" may include actual/potential customers of the goods/services, those involved in the distribution of goods/services or businesses dealing in the goods/services.
Well known marks are offered greater scope of protection. The owner of a well known trade mark may take action against the use of a trade mark/business identifier under the following circumstances:
- The use of the trade mark would indicate a connection between those goods or services and the owner of the well known trade mark, and is likely to damage the interests of the owner of the well known trade mark.
- If the trade mark is well known to the public where the use of the trade mark would cause dilution in an unfair manner of the distinctive character of the well known trade mark; or take unfair advantage of the distinctive character of the well known trade mark.
- The use of a business identifier would indicate a connection between the business in respect of which it is used and the owner of the well known trade mark, and is likely to damage the interests of the owner of the well known trade mark.
- If the trade mark is well known to the public at large in Singapore, where the use of the business identifier would cause dilution in an unfair manner of the distinctive character of the well known trade mark; or take unfair advantage of the distinctive character of the well known trade mark.
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| 10. Infringement |
There is infringement when there is a use of a registered trade mark in the course of trade without the consent of the trade mark owner.
An infringement may come about through the use of
- an identical mark on identical goods or services; or
- an identical mark on similar goods or services, or a similar mark on identical/similar goods or services resulting in confusion on the part of the public.
The use of a sign similar to a registered trade mark which is well known in Singapore on goods or services that are dissimilar to the registered well known mark may also constitute an infringement if there exists likelihood of confusion, a connection is indicated and the interests of the owner are likely to be damaged.
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