In Singapore, a trademark may face revocation if it remains unused for five consecutive years after registration. This article explores the significance of this regulation and its impact on trademark holders.

Why It Matters

Under Singapore trademark law, registered trademarks must be actively used in commerce to avoid the risk of revocation. If a trademark remains unused for five consecutive years, third parties can apply for its revocation with the Intellectual Property Office. Trademark holders must provide evidence of use to defend their rights; otherwise, they risk losing their trademark. While registration isn't automatically revoked, third-party applications for revocation are straightforward and cost-effective. Regular use of trademarks protects brands, reduces legal risks, and enhances market competitiveness.

Cautions for Trademark Holders:

Consider filing a new trademark application if:

• the trade mark is not used in Singapore;
• the trade mark is in use but only for some of the goods and/or services covered by the registration;
• the trade mark is used or proposed to be used in relation to goods and/or services not covered by the registration; or
• the trade mark has been modified since registration was obtained.

The trade mark registration should also be updated if there has been a change of name and/or address or a change of ownership.

Overview of Trademark Revocation or Invalidity Process in Singapore

The revocation process in Singapore can be complex and time-consuming, making it crucial to partner with an experienced attorney to navigate the legal challenges effectively. The revocation process generally follows the steps below:

• Application for Revocation or Declaration of Invalidity
• Counter-Statement Submission
• Notification to Registrar
• Mediation (Optional)
• Case Management Conference/Timeline Setting
• Applicant's Evidence Submission
• Proprietor's Evidence Submission
• Applicant's Reply Evidence Submission
• Pre-Hearing Review
• Hearing
• Grounds of Decision 
• Appeal (if applicable)

How We Help

If you're facing a dispute or currently involved in one without legal representation, feel free to reach out to our Singapore Team at SingaporeTeam@changtsi.com and Trademark9@changtsi.com. We specialize in navigating Singapore’s trademark laws to secure your registration:

• Expertise in cultural and linguistic compliance
• Comprehensive legal support for a seamless process