Registering A Trademark Licensed In Singapore
A trademark license is a formal agreement between the owner of a trademark (the licensor) and another entity (the licensee), permitting the latter to use the trademark for commercial purposes. Agreements of this nature are governed by the Intellectual Property Office of Singapore, a statutory body established under the Ministry of Law.
Ottavia has prepare this guide to provide a broad overview for potential licensors on the relevant Singapore regulations surrounding registration of a trademark license. For information on the registration of a trademark itself through the Intellectual Property Office of Singapore (IPOS), please refer to the relevant guide from Ottavia.
Trademark license agreements and registration of the license
IPOS does not require that licensors register trademark licenses. Recordal of license is required for notice purposes, but failing to record a trademark license does not terminate the validity of the license. Upon recording the license with the Registrar, all persons shall be considered to have notice of it.
Trademark registrants may authorise other legal entity to use their registered trademark through the singing of a trademark license agreement. Normally licenses are granted by the signing of a formal written agreements by both parties, containing a detailed description of the scope of authority granted to the licensee as well as the terms and conditions of their use. A typical trademark license agreement will include the following elements:
- Details of licensor and the licensee
- Details of the trademark being licensed
- Scope and terms of usage of the licence including any territorial restrictions
- Quality standards to be followed and quality control measures
- Financial terms
Licensors are responsible for the supervision of the quality of the goods produced or sold in connection with the use of their trademark. The licensee is to ensure the quality of the goods relating to the registered trademark.
Prior to 2007, only licenses relating to registered trademarks could be recorded with the Registrar. Significant amendments were made to Singapore trademark laws in that year in order for the country to meets its obligations under the Singapore Treaty on the Law of Trademarks administered by the World Intellectual Property Office (WIPO). The Trade Marks (Amendment) Act 2007 also provides for the recordal of licenses relating to pending trademarks.
Applications for the registration of a trademark license may be submitted to the Registry of Trade Marks either by hand or via the post, or filed online.