Legal
Terms of Engagement
NAIR TRADEMARKS PTE. LTD. — Trade Mark Agency Services (Singapore)
These Terms of Engagement ("Terms") govern the provision of trade mark services by NAIR TRADEMARKS PTE. LTD. (UEN: 202635039D) ("we", "us", "our") to you, the client identified in our engagement confirmation ("you", "your"). By submitting instructions to us — including by submitting our online application form — or by paying our invoice, you agree to these Terms.
1. Our Role and Scope of Services
1.1We act as your agent in relation to trade mark matters before the Intellectual Property Office of Singapore ("IPOS"). Our engagement is limited to the specific matter or matters you instruct us on and which we confirm in writing.
1.2Unless expressly agreed otherwise in writing, our services in respect of a Singapore trade mark application comprise:
(a)reviewing the details you provide and advising on the form of the mark and the classification of your goods and/or services under the Nice Classification;
(b)preparing and filing the application with IPOS;
(c)reporting the filing details and the application number to you;
(d)monitoring and reporting official correspondence issued by IPOS on the application; and
(e)reporting the outcome of examination, publication and registration.
1.3The following are NOT included in the scope of a standard filing engagement and will be quoted separately if required:
(a)pre-filing availability or clearance searches;
(b)preparing responses to examination reports or office actions raising objections;
(c)responding to, filing or defending oppositions, revocation, invalidation or rectification proceedings;
(d)recording assignments, licences, changes of name or address, or renewals;
(e)filings in any jurisdiction other than Singapore, including international applications under the Madrid Protocol;
(f)watching services, enforcement, infringement advice, cease-and-desist correspondence, or any dispute resolution or litigation; and
(g)drafting or advising on assignments, licences, coexistence agreements or other contracts.
1.4We are engaged by you alone. We do not advise, and owe no duty to, your directors, shareholders, employees, related companies, group entities or any other person, unless we expressly agree in writing to do so.
2. Limits of Our Advice
2.1We are not a law practice licensed under the Legal Profession Act 1966 and we do not provide legal services or legal representation. Our advice is confined to trade mark practice and procedure before IPOS. Where a matter requires legal advice — including advice on infringement, contractual rights, or any contentious or court proceedings — we will tell you, and you should instruct a Singapore-qualified solicitor.
2.2Our advice is given solely for the matter it relates to, is based on the law and IPOS practice as at the date it is given, and is for your use only. You may not rely on it for any other purpose, and no third party may rely on it, without our written consent.
2.3We are under no obligation to update advice already given to reflect subsequent changes in law, IPOS practice or circumstances, unless you instruct us separately to do so.
2.4Any advice we give on the prospects of an application succeeding is an opinion only. See clause 8.
3. Your Responsibilities
3.1You are responsible for the accuracy and completeness of all information, documents and instructions you give us. We rely on them without independent verification. In particular, you are responsible for confirming the applicant's correct full legal name and address, the exact form of the mark, and that the goods and services specified reflect your actual or intended use.
3.2You must respond promptly to our requests for information, instructions, documents or payment. Deadlines in trade mark matters are strict. If we do not receive what we need in time, rights may be lost.
3.3You confirm that you are entitled to apply for and use the mark, and that to the best of your knowledge its use does not infringe the rights of any third party. Unless you have separately instructed us to carry out a clearance search, we have not investigated this.
3.4You must notify us promptly of any change in your name, address, contact details, ownership of the mark, or any circumstance affecting the application.
4. Fees, Official Fees and Disbursements
4.1Professional fees are charged per trade mark and per class, unless stated otherwise.
4.2Official fees payable to IPOS are separate from our professional fees, are charged per class, and are set by IPOS. IPOS fee levels may change without notice, and the fee payable may differ depending on whether the specification of goods and services uses only terms from IPOS's pre-approved database. Where our quotation is given before the final classification is settled, official fees are an estimate only.
4.3We are not registered for GST, and no GST is charged on our fees. Our fees are exclusive of GST, which will be charged at the prevailing rate where applicable.
4.4Disbursements — including courier, certification, translation, notarisation and third-party search fees — are charged at cost and will be identified separately.
4.5Any estimate or quotation is given in good faith on the basis of the information available at the time and is not a fixed price unless expressly described as such in writing. If the work required changes materially, we will tell you and provide a revised estimate before continuing.
5. Payment Terms
5.1We require payment of our professional fees and the applicable official fees in cleared funds before we file an application or take any step involving payment of a fee to IPOS. We are not obliged to take any step until payment is received.
5.2Invoices for any other work are payable within 14 days of the invoice date.
5.3We may suspend work on any matter, and are not liable for any consequence of that suspension, where an invoice remains unpaid after the due date and we have given you notice.
5.4All payments must be made without set-off, deduction or withholding. Bank charges are for your account.
6. Refunds
6.1Official fees paid to IPOS are not refundable once an application has been filed, whether or not the application proceeds to registration.
6.2Where you cancel instructions before we have filed, we will refund official fees collected but not yet paid to IPOS. Professional fees are refundable only to the extent that work has not been carried out, assessed reasonably by us.
7. Deadlines and Reminders
7.1We will notify you of deadlines relevant to matters we are handling and will normally issue reminders in advance. Reminders are a courtesy; ultimate responsibility for meeting deadlines that require your instructions or payment rests with you.
7.2We do not undertake to monitor or remind you of deadlines on any matter we are not currently instructed on, including renewal deadlines, unless you have separately engaged us to do so in writing.
7.3Where instructions or funds are received too close to a deadline for us to act with reasonable care, we may decline to act, and we are not liable for any resulting loss.
8. No Guarantee of Registration
8.1Filing an application does not guarantee registration. IPOS may raise objections on absolute or relative grounds, and third parties may oppose the application. The outcome depends on the examiner's assessment and on matters outside our control.
8.2Registration does not guarantee that use of the mark will not infringe third-party rights, and does not prevent third parties from challenging the registration after it is granted.
9. Conflicts of Interest
9.1We carry out a conflict check before accepting instructions. We act for a number of clients, some of whom may be your competitors.
9.2If a conflict of interest arises or becomes apparent during an engagement, we will inform you and discuss how to proceed. We may need to cease acting for you or for another client, or for both.
9.3We are not obliged to disclose to you, or to use for your benefit, any information which is confidential to another client.
10. Confidentiality
10.1We will keep confidential all information you provide, except where disclosure is required to conduct the matter (including filing with IPOS, which makes certain information publicly available), is required by law or a regulator, is made to our professional advisers or insurers, or where you consent.
10.2You should note that an application, once filed, becomes a matter of public record. Details of the mark, the applicant's name and address, the specification, and the filing date are published by IPOS.
11. Personal Data
11.1We collect, use and disclose personal data in accordance with the Personal Data Protection Act 2012 and our Privacy Policy.
11.2You consent to our collecting, using and disclosing personal data you provide (including personal data of your directors, employees and representatives) for the purposes of providing our services, filing with IPOS, complying with legal obligations, and administering our relationship with you.
11.3Where you provide us with personal data relating to any other individual, you confirm that you have obtained that individual's consent to our processing it for these purposes.
12. Client Identification
12.1We may be required to verify your identity and, where you are a body corporate, the identity of your beneficial owners. You agree to provide the documents we reasonably request. We may decline to act, or cease acting, if this information is not provided.
13. Documents and Records
13.1Copyright and all other rights in documents we create remain ours. You have a licence to use them for the purposes of the matter for which they were prepared.
13.2We may retain documents and property belonging to you while any of our invoices remain unpaid, to the extent permitted by law.
14. Communications
14.1We will normally communicate with you by email at the address you provide. You accept the risks of email communication, including delay, interception and non-delivery, and you agree that we are not liable for loss arising from those risks.
14.2It is your responsibility to keep your contact details current and to check that our messages are not being diverted to a spam or junk folder.
15. Liability
15.1We will exercise reasonable skill and care in providing our services.
15.2To the fullest extent permitted by law, our total aggregate liability to you arising out of or in connection with a particular matter, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of:
(a)S$2,000; and
(b)twice the total professional fees paid by you to us for that particular matter.
Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded.
15.3We are not liable for any loss of profit, loss of business, loss of opportunity, loss of goodwill, or any indirect or consequential loss.
15.4We are not liable for any loss arising from:
(a)inaccurate, incomplete or late information or instructions from you;
(b)any decision, objection, delay or error on the part of IPOS or any other authority;
(c)the acts or omissions of any third party we engage on your behalf with your consent, including foreign agents, translators and search providers; or
(d)any event beyond our reasonable control.
15.5Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability which cannot lawfully be excluded or limited.
15.6Any claim must be brought within one year of the date on which you became aware, or ought reasonably to have become aware, of the circumstances giving rise to it.
15.7You agree that any claim will be brought against the firm only, and not against any individual director, officer, employee or consultant personally.
16. Termination
16.1You may terminate our engagement at any time by written notice.
16.2We may cease acting on reasonable notice where there is good reason, including a conflict of interest, non-payment, loss of confidence in the working relationship, failure to give adequate instructions, or where continuing to act would breach any legal or professional obligation.
16.3On termination, you remain liable for our fees and disbursements incurred up to the date of termination, and for any official fees already committed.
16.4Following termination, responsibility for all deadlines on the matter passes to you or to your new agent. We will, on request and on payment of any outstanding amounts, provide the information reasonably needed to transfer the matter.
17. General
17.1We may amend these Terms by giving you written notice. Amendments apply to work carried out after the notice takes effect. The Terms in force at the date instructions are given apply to that matter.
17.2These Terms, together with our engagement confirmation, constitute the entire agreement between us and supersede any prior discussions. Where there is inconsistency, the engagement confirmation prevails.
17.3A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of them.
17.4If any provision is found to be unenforceable, the remaining provisions continue in full force, and the unenforceable provision applies to the maximum extent permitted.
17.5Our failure to enforce any provision is not a waiver of it.
17.6These Terms are governed by Singapore law, and you and we submit to the exclusive jurisdiction of the courts of Singapore.
Effective date: 3 August 2026
NAIR TRADEMARKS PTE. LTD. · Singapore · UEN 202635039D
NAIR TRADEMARKS PTE. LTD. is a trade mark agency and is not a law practice licensed under the Legal Profession Act 1966. Submitting this form does not by itself create a client relationship; an engagement begins when we confirm it in writing. Filing does not guarantee registration.