Intellectual property lawyers in Singapore
Intellectual property is where our firm began, as Vicki Heng Law Corporation in 2013. We help businesses and creators develop, protect and enforce their brands, designs and creative work, from clearance searches before a launch to contentious proceedings when rights are challenged.
General information on intellectual property law in Singapore, not legal advice. For advice on your own circumstances, speak with one of our lawyers.
How we work
Clearance before commitment
We look at whether a name or logo is available before you invest in packaging, signage or a domain, so problems surface while they are still cheap to fix.
Protection that fits the business
We advise on which rights matter for what you actually sell and where you sell it, rather than filing for everything by default.
Commercial and contentious work together
The same team handles registrations, licences and disputes, so advice on a filing takes account of how it might later need to be enforced.
Plain explanations
IP law has its own vocabulary. We explain the options, the likely timelines and the trade-offs in ordinary language.
What we help with
Our work covers the life of an intellectual property right, from choosing a brand to licensing it and defending it.
- Trade mark clearance searches
- Trade mark registration in Singapore
- International filings under the Madrid Protocol
- Trade mark oppositions
- Invalidation and revocation proceedings
- Infringement and passing off claims
- Licensing and franchising agreements
- Technology transfer agreements
- IP clauses in employment and contractor agreements
- Copyright and registered design advice
Intellectual property in Singapore: the basics
Different kinds of intellectual property are protected in different ways. Some must be registered; others arise automatically. Knowing which applies to your work is the first step in protecting it.
The main types of IP protection
- Trade marks
- Brand names, logos and other signs that identify your goods or services. Registered with the Intellectual Property Office of Singapore (IPOS) under the Trade Marks Act. A registration lasts 10 years and can be renewed every 10 years.
- Copyright
- Protects original works such as writing, software, artwork, photographs and music. Under the Copyright Act 2021 it arises automatically when the work is created. There is no registration system in Singapore.
- Registered designs
- Protects the appearance of a product, such as its shape or pattern. Designs are registered with IPOS and must be new when the application is filed.
- Patents
- Protects new inventions that involve an inventive step and are capable of industrial application. Patents are granted by IPOS and can last up to 20 years from filing, subject to renewal fees.
- Unregistered marks and passing off
- A business that has built goodwill in an unregistered name or get-up may be able to stop others from misrepresenting a connection with it through a claim in passing off. These claims are harder to prove than infringement of a registered mark.
- Contracts
- Licences, franchise agreements and employment or contractor agreements decide who owns IP and who may use it. Well-drafted terms avoid disputes over ownership later.
Registering a trade mark in Singapore
A typical application to IPOS goes through four broad stages.
- 1.
Clearance search
Before filing, search the register and the market for earlier marks that are identical or similar. This reduces the risk of objection, opposition or an infringement claim after you launch.
- 2.
Filing the application
The application identifies the mark and the goods or services it covers, grouped into classes. The specification matters: it defines the scope of your protection.
- 3.
Examination and publication
IPOS examines the application and may raise objections, which can often be answered. Once accepted, the mark is published so that third parties can see it.
- 4.
Opposition period and registration
Third parties have two months from publication to oppose, and this period can be extended. If there is no opposition, or an opposition fails, the mark proceeds to registration.
Use it or risk losing it
A registered trade mark can be revoked if it has not been put to genuine use in Singapore for a continuous period of five years without proper reasons. Keeping records of how and when your mark is used makes it easier to defend.
Fees
For defined tasks such as searches and filings, we aim to agree a fee before work starts. Contentious matters are scoped and quoted once we understand what is involved. Official fees payable to IPOS are separate.
| Clearance searchA search for earlier conflicting marks, with written advice on the risks of using and filing your mark. | Fixed fee |
|---|---|
| Trade mark applicationPreparing and filing a Singapore application, and reporting on its progress through examination. | Fixed fee |
| Disputes & agreementsOppositions, invalidation, revocation, infringement matters, and licensing or franchising agreements. | Quoted upfront |
Every engagement includes
- An initial discussion of what you need to protect
- A clear scope and fee before work begins
- Explanation of official fees and timelines
- Plain-English advice on risks and options
You will have a clear figure at your consultation before you commit to anything.
Talk it through with us
Whether you are naming a new product, expanding overseas or responding to a letter about infringement, book an initial consultation to discuss your position and the options available.
Common questions
Do I have to register a trade mark in Singapore?
No, but registration makes your rights much easier to enforce. Without a registration you would generally need to rely on passing off, which requires you to prove goodwill, misrepresentation and damage. A registered mark gives you a statutory right to stop others using identical or similar marks for the goods or services it covers.
How long does a trade mark registration last?
A Singapore trade mark registration lasts 10 years from the filing date and can be renewed for further 10-year periods, indefinitely, as long as renewal fees are paid.
Do I need to register copyright?
No. Under the Copyright Act 2021, copyright arises automatically when an original work is created. There is no registration system in Singapore. It is still sensible to keep dated records of your drafts and source files in case ownership is ever disputed.
Can I protect my trade mark outside Singapore?
Trade mark rights are territorial, so a Singapore registration protects you only in Singapore. Singapore is a member of the Madrid Protocol, which allows a single international application, based on a Singapore application or registration, to designate other member countries. Some markets are better covered by filing directly with the local office.
Someone has applied to register a mark similar to mine. What can I do?
Once an application is published, there is a two-month window, which can be extended, to file an opposition. If the mark has already been registered, it may be possible to apply to invalidate it, or to revoke it if it has not been used. The options depend on your own rights and the timing, so it is worth acting promptly.
Who owns IP created by employees and contractors?
The answer depends on the type of IP, the relationship and the contract. As a general rule, work created by an employee in the course of employment often belongs to the employer, while a freelancer or contractor may own what they create unless the agreement says otherwise. Clear IP clauses in employment and contractor agreements avoid uncertainty.
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