You can now register a trademark in the palm of your hands. On August 21, 2019, Singapore introduced a change in trademark registration mobility by providing the first trademark registration mobile app that can be downloaded straight to your mobile device. This app allows for businesses and entrepreneurs to file their trademarks directly with the Intellectual Property Office of Singapore.1 Not only can anyone with a smartphone register a trademark, but the app provides a “faster and easier application process.”2 The time required for the trademark registration process has been significantly reduced from 45 to 60 minutes to just 10 minutes.3
The most distinguishing feature is the app’s use of artificial technology, which helps “prevent applicants from filing trademarks that are too similar to existing ones.”4 The AI operates by identifying image marks that are similar to those in the trademark applications. Users may upload image files and can search for similar images that have been used in trademark applications already on file.5 Further, the technology actually prevents applicants from filing trademarks too similar to existing ones.6 This is an important feature since 40% of trademark registrations worldwide include images.7 All users may access the IP Search and Similar Mark Search sections of the app, but a user needs a login to access the Trademark Application, Trademark Renewal, Filing History, Application Drafts, and Inbox sections. This is just one example of Singapore’s expanding “digital infrastructure”, which has been focused on more personalized and responsive services for individuals.8
Further, the app provides another important feature: the ability to track an applicant’s mark’s registration status, get updates, and file trademark renewals.9 Instead of having to go online and dig through a trademark registration website, mark owners can easily check the status on their phones. The Intellectual Property Office of Singapore, thus, has improved the access to filing trademarks and has provided AI technology to facilitate faster and better trademark searching. In a more digital world, Singapore’s introduction of its trademark app adapts to an increasingly technologically mobile population.10
On the other hand, the United States Patent & Trademark Office (“USPTO”) has begun restricting access to trademark filing applications in the United States. Effective August 3, 2019, the USPTO now requires applicants who are domiciled outside the United States or related territories to be represented by a U.S. Attorney in all trademark matters before the USPTO.11 In addition, applicants will be required to have an account with the USPTO to access the Trademark Electronic Application System (TEAS) starting October 26, 2019.12 This login will require a two-step authentication and will automatically log out after 30 minutes of inactivity.13 These are not the only changes the USPTO plans to implement. The USPTO will allow for verification of account holder information in spring 2020 and permit applicants to control and delegate access to various trademark filings.14 These changes have been implemented to combat the misuses of the trademark forms and decrease fraudulent filings.15 These changes, however, do not increase the accessibility or mobility of trademark filings for the public. Requiring the presence of a U.S. Attorney, a login account, and delegating access will decrease the control that the trademark owner has over their applications.
Further, despite Singapore’s advancements, the USPTO has yet to make significant moves to advance its trademark systems. The Trademark and Electronic Search System still uses the same archaic website design the USPTO introduced back in 2000.16 There have been plenty of third party search engines such as TrademarkNow and TrademarkVision, that have developed various AI programs that aim to more efficiently search words, phrases, and images on the USPTO’s trademark databases.17 However, the USPTO has failed to update its trademark search system and introduce more advanced technology to better search for marks, especially design marks.
While countries like Singapore try to provide more user-friendly and advanced technology to assist trademark owners, the United States focuses on combating fraud at the cost of accessibility and better, more accurate trademark searches.