What Is Trademark Infringement And What Should I Do When It Happens?

A trademark is a sign that businesses use to distinguish their goods or services from those of other businesses. It can take the form of letters, words, names, signatures, numerals, figurative elements, brands, headings, labels, stickers, shapes, and colours, or any combination of these elements. It adds value to your company and allows customers to quickly identify and remember your brand, products, and services.

Trademarks must be registered in order for your company to have exclusive use of them. By registering your trademark, a ® symbol will be added next to it, indicating that it has been registered by a company and will be protected for ten years from the date of filing. You can renew your registration when it expires. After registering your trademark, you will be able to protect your market share by discouraging others from using it, licensing it to third parties, selling it for a fee, or using it to raise equity.

However, other businesses may use similar signs for their goods and services, potentially confusing the public and stealing your business or tarnishing your reputation. This is also referred to as trademark infringement.

Trademark infringement is the unauthorised use of a registered trademark, such as a company’s logo or brand symbol, in a way that may cause consumer confusion, deception, or mistake about the source of the goods and/or services.

The Trade Marks Act protects those who have registered their trademark in Singapore, and parties who use a registered trademark without the owner’s permission may face legal action. Trademark infringement is considered a criminal offence that will result in harsh penalties such as getting the goods seized, a fine of up to $100,000 and imprisonment for up to 5 years, or both.