The New Singapore Treaty on the Law of Trademarks - What Does It Change?

The protection of trademarks is widely based on trademark registration procedures. Although unregistered marks can enjoy protection in many jurisdictions, the best protection for trademarks is obtained through their registration with a trademark registration authority, usually the trademark office of a country. Registration also serves a vital public interest, as trademark registers are public - registrations and applications are published regularly, and notice is given to third parties that certain specific signs are protected as trademarks. Trademark registers enable entrepreneurs to monitor their marks and the marks of competitors, and help them to "clear" new marks before introducing them into the marketplace.

As trademarks are territorial rights (national or regional), individual states maintain national trademark registries, or organize the administration at the regional level through a regional register. From the point of view of trademark owners, it is highly desirable that registration procedures are common to all national and regional trademark registers, as this increases the efficiency of administrative action and helps to contain transaction costs. This is the background against which the TLT in 1994 introduced harmonized and simplified trademark registration procedures applicable in all states party to that treaty.

Why revise the TLT?

The need to revise the TLT became apparent soon after its adoption. This was due largely to the "dot.com" revolution and to the introduction of e-mail and Internet-based communications. Such innovations were little known in 1994, when the fax-machine was still the most advanced means of communication between an applicant and a trademark office. Hence, the TLT contained provisions obliging contracting states to accept communications in paper form, with no possibility of electronic communication.

Other aspects requiring revision included the different types of marks covered. The TLT applies only to marks that consist of visible signs, with no provision for the registration of non-visible signs, such as sound marks. There were also procedural problems to be remedied. The treaty has a two-tiered structure, and procedural details are dealt with in the...