Striking off company
A company may apply to ACRA to strike its name off the Register pursuant to Section 344 of the Companies Act. ACRA may approve the application if there is reasonable cause to believe that the company is not carrying on business and that the company is able to satisfy the criteria for striking off.
To be struck off the register a company must fulfill the following conditions:
- The company has ceased operation; or not commenced business from the date of incorporation
- The company has no assets and liabilities
- The company is not and will not be involved in any court proceedings, whether in or outside Singapore
- The company has no outstanding penalties or offers of composition fine owing to ACRA and not indebted to other government departments
- the company has no outstanding tax liabilities owing to the Inland Revenue Authority of Singapore (“IRAS”)
- The company has no outstanding charges in its charge register eg. no mortgages etc.
- None of the officers of the company have outstanding ACRA summonses
- Obtained the written consent of the majority of the shareholders
Although it is not compulsory to register a trademark in order to use it under Singapore law, a trademark registration adds significant value to a business. Filing for trademark registration allows the trade mark owner to obtain a right to ownership and the right to prevent others from using a similar mark without the owner’s permission.
Key features of Singapore’s Trade Marks Act include:
- Trademark registration under the Trade Marks Act is only effective in Singapore. To obtain trademark rights and protection in other countries, it is necessary to register the trade mark in those countries or pursue international trade mark registration through Madrid Protocol. As Singapore is a contracting country under the Madrid Protocol, an international application may be filed through IPOS in Singapore after the trademark has been successfully registered in Singapore. For more details, see Worldwide Trademark Registration through Singapore Trademark Office.
- A Singapore registered trade mark must be capable of being represented graphically. This sign can be any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, color, and aspect of packaging or a combination of these. Unlike jurisdictions like the United States, the Singapore trademarks regime does not require evidence of use to be filed before a trade mark registration is granted.
- There is no time limit for filing according to the Trade Marks Act. However it should be noted that a suit for an infringement of a registered trademark is only possible if the trade mark is registered. A trademark registration takes effect from the date of filing. The validity period of a registered trademark in Singapore is 10 years, and can be renewed indefinitely at the end of each 10-year period.
- With the introduction of service mark registration, the classes have been extended from International Classification 35 to 45. As a result of the inclusion of service marks, the search for prior rights will now extend to cover: with respect to trade marks applied on goods, those services which are closely related to the goods for which registration is sought, and, with respect to service marks, the examination will include marks for goods which are closely related to those services.