Posts made in May, 2014

Which Class Should I File My Trade Mark In?

Posted by on May 24, 2014 in FAQs | 0 comments

The scope of goods or services (the “specification”) claimed in each trade mark application must be clearly defined in order for the application to be approved and for the trade mark to be registered. trade mark  To this end, reference to the classification of goods and services set out in the International Classification of Goods and Services for the Purposes of the Registration of Marks (the “ICGS”) is vital. First established in 1957, the ICGS applies to all member countries of the Nice (pronounced as “niece”) Agreement.  The use of the ICGS is mandatory for national registrations of trade marks in member countries.  Over the years, the ICGS has gained popularity and is now used by a number of non-member countries as well as in the international registration of marks effected by the WIPO, the African Intellectual Property Organisation, the African Regional Intellectual Property Organization, the Benelux Organisation For Intellectual Property and the European Union Office For Harmonization In The Internal Market (Trade Marks And Designs). The latest edition of the ICGS recognises trade mark 34 distinct classes of goods and 11 classes of services in which all goods and services can be classified under.  Classification is guided by the material and purpose in which the goods or services is usually applied towards.  While it is true that 2 identical trade marks can co-exist if they are filed in different classes, much will also depend on the trade channels in which the goods are sold or services are rendered as well as whether these goods are sold or services rendered side by side. If you offer more than one type of goods and services you may need to cover multiple classes for adequate protection. Sometimes, business owners also cover the goods and services of classes that are ancillary to those that your company offers. It is however cost prohibitive for the average business to cover all 45 classes. Finding out which class or specification to claim is a question of strategy as much as it is a question of cost. Consider the following factors: 1. Which are your primary markets and secondary markets? A primary market refer to the countries and jurisdictions in which your goods are sold or services are rendered mainly or predominantly. It can also refer to the jurisdiction in which your manufacturing base or primary work force is located.  Essentially, it is a country or jurisdiction of financial importance to your business. A secondary market refer to the countries and jurisdictions where you plan to enter next or where your business already entered but has yet to either gain substantial sales or commenced operations. It is sensible to prioritise the protection of your trade mark in your primary markets.  However, consider if there could be strategic business decisions which may compel you to seek protection in any secondary market ahead of a primary market. Such reasons could include pre-empting a competitor or laying the foundation for a franchise. 2. Present and future considerations Specifications once filed in an application can only be amended at the direction of the examining authority.  Even so, amendments cannot have the effect of extending the scope originally claimed for.  Decide for yourself the level of specificity in the specification but bear in mind that the specification must be clear and not vague. 3. What is your budget? Filing multiple trade mark applications can be costly.  It is prudent for you to count your costs before embarking on any trade mark registration exercise.  Find out whether your business is eligible for grants and subsidies. Contact us if you are thinking of...

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45 Different Classes of Trademark in Singapore

Posted by on May 20, 2014 in General | 0 comments

The classification of goods and services is according to the International Classification of Goods and Services under the Nice Agreement to which Singapore is a signatory (“Nice Classification”). The class headings of the Nice Classification give general information about the types of goods and services which belong to each class. A specification indicating the class heading does not amount to a claim for all the goods or services in that class. This list is not exhaustive and serves as a quick reference to help you locate the correct class. For the registration of your trade mark, you are required to state the exact class number and appropriate specification according to the Nice Classification. 34 Classes of Goods Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting Class 5 Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides Class 6 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors Class 9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes Class 12 Vehicles; apparatus for locomotion by land, air or water Class 13 Firearms; ammunition and projectiles; explosives; fireworks Class 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments Class 15 Musical instruments Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks Class 17 Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and...

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