Yes, a competitor or anyone else can apply to remove your registered Singapore trade mark if it has not been genuinely used in Singapore for five years. Under section 22(1)(a) and (b) of the Trade Marks Act 1998, a registration may be revoked if, within five years after registration was completed, the mark was not put to genuine use in the course of trade in Singapore for the registered goods or services, or if use was suspended for an uninterrupted five years, and there are no proper reasons for the non-use. If you receive an application, the deadline is short: the proprietor must file a counter-statement with IPOS within two months of receiving it, together with a statutory declaration of evidence of use. Missing that deadline means the application is granted.
This guide is for business owners and directors whose company owns a Singapore trade mark and has received, or fears, a non-use challenge.
Why companies receive non-use applications
Non-use applications are usually tactical. A business that wants to register a similar mark finds your earlier registration blocking it at IPOS, or receives a trade mark infringement letter from you and responds by attacking your registration. If your company registered a mark for a wide list of goods and services but only trades in a few of them, the applicant may also seek partial revocation for the unused items.
The legal test in plain terms
| Element | What it means | Source |
|---|---|---|
| Five-year period | Five years following completion of the registration procedure, or any later uninterrupted five-year period of suspended use | TMA s 22(1)(a), (b) |
| Genuine use | Real commercial use to create or keep a market for the goods or services, not token use to protect the registration | TMA s 22(1) |
| By the proprietor or with consent | Use by a licensee or group company counts if it is with the owner’s consent | TMA s 22(1)(a) |
| Variant forms | Use in a form that differs only in elements that do not alter the mark’s distinctive character still counts | TMA s 22(2) |
| Export use | Applying the mark to goods or packaging in Singapore solely for export counts as use in Singapore | TMA s 22(2) |
| Proper reasons | Obstacles outside the owner’s control (for example, regulatory approval delays) may excuse non-use | TMA s 22(1)(a), (b) |
| Burden of proof | The owner must show what use has been made of the mark | TMA s 105 |
Late resumption of use
Starting or resuming use after the five years but before the application is filed can save the registration (section 22(3)). However, use that begins in the three months before the application is disregarded unless preparations began before the owner became aware that an application might be made (section 22(4)). Rushing a product launch after receiving a warning letter rarely helps.
Partial revocation and backdating
Where only some goods or services are unused, revocation covers only those items (section 22(6)). If the mark is revoked, the owner’s rights are treated as having ended from the date of the application or from an earlier date when the grounds existed (section 22(7)). That can affect infringement claims you are running against others.
Timeline once an application is filed at IPOS
According to IPOS’s procedure, the applicant files Form TM28 with a statement of grounds and sends a copy to the registered proprietor. From there:
- Within 2 months of receipt: file a counter-statement on Form HC6, with a statutory declaration setting out evidence of use, and copy it to the applicant. An extension may be requested on Form HC3 within the same two months.
- After the counter-statement: proceedings are suspended, and IPOS invites the parties to consider settlement or mediation. Each party files a Notification to Registrar form within one month of IPOS’s letter.
- Evidence rounds: IPOS sets deadlines for further statutory declarations and holds a case management conference if needed.
- Hearing and decision: the Registrar decides, with costs usually awarded to the winner. Appeals go to the High Court.
If court proceedings about the mark are already pending, a revocation application must be made to the court instead (section 22(5)).
What evidence of use should the company gather?
Evidence should be dated, show the mark as registered (or an acceptable variant), connect it to the registered goods or services, and show sales in Singapore within the relevant period. Useful items include:
- Invoices and sales figures by year for each product or service carrying the mark.
- Photographs of products, packaging, labels, shopfronts and vehicles, with dates.
- Website and online marketplace pages, with archive captures showing dates and Singapore availability.
- Advertising spend, brochures, trade show material, social media posts directed at Singapore customers.
- Licence agreements showing a licensee used the mark with your consent, plus the licensee’s sales records. If founders own the mark personally, see documenting the company’s right to use a founder-owned mark.
- Evidence of any obstacle that prevented use, such as pending product registrations.
Weak evidence is the most common reason owners lose. A single invoice, undated screenshots or use only overseas will rarely be enough.
Options besides fighting
- Negotiate a coexistence or consent agreement, dividing goods, services or presentation so both marks can sit on the register.
- Agree partial surrender of unused goods or services to avoid costs on items you do not need.
- File a fresh application for goods you now intend to sell, but note it will rank behind any earlier filings made in the meantime.
- Mediate through IPOS’s mediation option, which can suspend the proceedings.
Preventing a non-use attack
Register only for goods and services you sell or have firm plans to sell. Keep an annual “use file” for each registered mark with sample invoices and dated photographs. Make sure licences to group companies are written down. Before renewing (registrations last ten years), review the specification. Our guides to trade mark registration with IPOS and passing off for unregistered brands explain the wider protection.
Example
Example only, not a client case. A Singapore company registered its café brand in 2019 for restaurant services and for packaged coffee. It has run cafés under the brand since 2019 but never sold packaged coffee. In 2026 a roaster applies to revoke the mark for non-use. The company files a counter-statement within two months with invoices, photographs and menus for the cafés, and agrees to give up the packaged coffee goods. The registration survives for restaurant services, and the roaster registers its own mark for coffee beans.
Frequently asked questions
Does use outside Singapore count?
Generally no. The use must be in Singapore, although applying the mark to goods in Singapore solely for export counts.
Is putting the brand on our website enough?
Only if it shows genuine trade with Singapore customers, such as orders and deliveries. A website accessible from Singapore is not, by itself, proof of use here.
What if we ignore the application?
If no counter-statement and evidence are filed in time, IPOS will grant the revocation.
Can we still sue an infringer while the challenge is pending?
Possibly, but the challenge may be raised in the infringement case, and a successful revocation can be backdated. Get advice on timing, and on the risk of groundless threats.
Need help with a trade mark non-use challenge?
If your company, or you as a director or shareholder, is dealing with an application to revoke a trade mark for non-use, contact the Raffles Corporate Services team at [email protected] or on WhatsApp at +65 8501 7133 or +65 9018 0072. We will help you understand the documents and deadlines and assemble the company’s sales and use records. Where your matter needs a lawyer, we will refer you to a firm on our panel of Singapore law firms that regularly handles trade mark disputes. Raffles Corporate Services is a corporate services provider, not a law firm, and this article is general information, not legal advice.
The Raffles Corporate Services Editorial Team