- A trade mark is a sign capable of distinguishing one trader's goods or services from another's.
- Words, logos, pictures, names, letters, numbers and combinations can all qualify.
- Common words and names are weak and may need evidence of use to be protected.
- A mark can be refused or opposed because of an earlier mark or an earlier user's goodwill.
What counts as a trade mark
A trade mark is a sign capable of distinguishing the goods or services of one business from those of others. It can be a word, a logo, a picture, a name, letters, numbers, or a combination of these.
When IPOS examines an application, it looks at two broad questions: whether the mark itself is capable of doing that job, and whether it conflicts with marks already on the register.
Is the mark distinctive?
The stronger marks are those customers will read as a badge of origin rather than an ordinary word. Words and names that many traders already use are weak. In a 2022 appeal, the court found that a common personal name used for a restaurant was not inherently distinctive, because many businesses and products use it.
A weak mark can sometimes become distinctive through use, but only if it is used consistently. In the same case, the name appeared only now and then on the shopfront and cutlery, and not on business cards, the website or social media, which was not enough.
Does it clash with earlier rights?
A mark can be refused, or successfully opposed, where:
- It is identical to an earlier mark and covers identical goods or services.
- It is identical or similar to an earlier mark, for identical or similar goods or services, and there is a likelihood of confusion.
- It conflicts with a well-known mark.
- Its use could be stopped under the law of passing off, because someone else has earlier goodwill in the sign.
Since 2022, an expired mark still counts as an 'earlier' mark for as long as it can be renewed or restored. A mark that has recently lapsed can therefore still block a new application.
Unregistered rights can matter too. In 2025, IPOS refused an application because a foreign company that had not yet launched in Singapore showed its pre-launch activity had created goodwill here.
Choosing a mark with fewer problems
Before committing to a brand, it is worth:
- Searching the register for similar marks in related classes.
- Checking whether others are already trading under similar names.
- Using the mark consistently once chosen, in the same form, across signage, packaging, websites and social media.
Getting advice
Whether a particular mark is likely to be accepted depends on the mark, the goods or services, and what is already on the register. A lawyer can review your proposed mark and search results and explain the risks before you file.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
All trade marks & designs guides
