Spoonfeed: Why register your trademarks?

I have found that many companies in Singapore often proceed to commence business without thinking about IP protection, specifically, trademark protection. 

In this regard, it is very common for startups and other small-medium companies to think that they do not have any IP worth protecting anyway. However, this cannot be further from the truth.

The point of fact is that every company has a "trademark" i.e. a "badge of origin" representing to consumers that the goods/services provided originate from that company.

Protection of that "trademark" can seem expensive early on, but it is certainly worth the initial comparatively small investment to obtain trademark protection, which can save your company thousands (or tens of thousands) in the long run in future. The benefits far outweigh the costs.

Some of the benefits are as follows:

(a) Trademark registration gives you the exclusive rights to use the trademark in relation to the claimed goods and services (Section 26(1) Trade Marks Act)

(b) Trademark registration presents you with a relatively clear cut case of infringement in the event that someone else uses your trademark in that country (or a confusingly similar trademark) in relation to the claimed goods and services (or similar goods and services). You do not need to prove the steps under passing off i.e. that you own goodwill in Singapore and that the other party's use is likely to lead to actual confusion in the market.

(c) Trademark registration prevents a third party from registering your trademark (or a confusingly similar trademark) in relation to your claimed goods and services (or similar goods and services). (This prevents you from having to commence proceedings to stop a third party from registering your trademark - which would cost far more).

(d) Trademark registration prevents you from being liable for trademark infringement (for your use of your trademark for your claimed goods and services). 

I have seen some companies who failed to register their trademarks at the start and went on to spend huge amounts on marketing and advertising, only to find out that they would not be able to use their trademark because of a prior trademark on the Register. An initial trademark search and/or an initial trademark application would have brought the prior trademark to their attention - leading to a necessary rebranding exercise before spending the advertising and promotional expenditure.

If you would like to find out more about trademark registrations in Singapore, please feel free to contact me at shawn.poon@onelegal.sg. Thank you.