How do I find out about designs that have been registered?
You may search for registered and published designs in Singapore at IPOS Digital Hub. You may also wish to check the designs database of other countries.
How can I benefit from Article 4 of the Paris Convention in subsequent design filings?
Article 4 of the Paris Convention relates to the right of priority. If you have filed an application for the registration of a design in a Convention country, you may claim a right of priority for the registration of the same design when filing the subsequent application in another Convention country.
If a right of priority is claimed, you will have priority from (and including) the date on which the first Convention application was filed. Hence, the subsequent application is treated, for the purposes of determining whether that design is new, as filed on the date on which the first Convention application was filed.
The subsequent application and claim of priority must be made within 6 months after the date on which the first Convention application is filed.
Can I choose to designate any countries under the Hague Agreement?
This will depend on your entitlement to file the international application. For your information, Singapore is party only to the Geneva (1999) Act. For examples on entitlement to file, you may wish to refer to the explanatory notes to the application form (DM/1.INF) at www.wipo.int -> IP Services ->Designs (Hague System)-> E-filing/Forms
Can I lodge an application for the registration of a design that has been used in another country?
To qualify for registration, a design must be new and not known to anyone in the world. Thus a design that has been used in another country would not be registrable in Singapore.
Can I make amendments to my application?
Yes, IPOS will permit amendments to the application if the proposed amendment does not substantially alter the overall appearance of the design or widen the scope of the rights. To lodge an amendment, you should file Designs Form D5 together with the prescribed fee.
Can IPOS advise me if my design is registrable?
If you have any difficulty ascertaining the registrability of your design or other legal requirements, you should consider seeking professional advice from an agent/lawyer. IPOS would not be able to provide legal advice to applicants on the registrability of your design.
Can I request that the publication of the international registration be deferred?
Under the Geneva (1999) Act, publication may be deferred up to 30 months. However, Singapore law does not provide for deferment of publication. Hence, if an international registration designates Singapore and the applicant wishes to proceed with the deferment, Singapore may have to be withdrawn from the list of designated countries.
Can I surrender my design after registration?
You may apply to surrender a registered design by filing Form CM3 at no costs.
Can I transfer my registered design to someone else or license it out?
Yes. As with other forms of IP, a registered design is a right that can be assigned or licensed to another party.
An application to register such transactions with the Registry shall be made via Form CM6 (Application to register, amend or terminate licence), or Form CM8 (Application to an assignment of a registered design or any right in it) together with the prescribed fees.
Do I need a Singapore design registration before I can file an international application?
No, the filing of an international application does not require any prior national application or filing. A design may be filed and protected for the first time at the international level through the Hague Agreement.How do I apply for design registration?
You have to file Designs Form D3 together with the prescribed fee. Foreign applicants are required to provide an address for service in Singapore when filling up Form D3. Please file the form online via IPOS Digital Hub.
How do I apply to register a textile design?
Some goods are classified as textiles. The Registered Designs Rules 2000 defines this as "textile or plastics piece goods, handkerchiefs, shawls or such other class of articles of a similar character".
For the purposes of registration, protection is limited to features of pattern and ornament only. You should include a representation of your design as it applies to the textile article.
A statement of novelty is not required for registration of patterns or ornaments to be applied to textile articles, wallpaper or similar articles. You should insert "Nil" in this section if your design applies to such an article.How do I find out which class and subclass my design application falls under?
You may refer to the Practice Direction on classification which adopts the classification as set out in the Locarno Classification, except class 32 (Graphic symbols and logos, surface patterns, ornamentation).
How do I renew the registration of my design?
You should file Designs Form D8 and pay the prescribed fee to renew the design.
How long will my international application last?
International registrations are valid for an initial period of five years. They can be renewed for two additional periods of five years (i.e., a minimum period of protection of 15 years). Under the Geneva (1999) Act, if the domestic legislation of a party to this Act allows a term of protection of more than 15 years; the international registration may be renewed in respect of that State for additional periods of five years, up to the expiry of the total term of protection allowed for such national registrations.