Trademarks
About IP / Trademark
A trademark is the face of your product, it helps people identify and differentiate your
products / services from your competitors'.
What does a Trademark protect?
Logo, business name, brand name
Colour, shape, sound, scent
Hologram, Positioning, Sequence of motion,
3-D marks
Shape of goods and/or their packaging
Trademark Law in Malaysia
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Trademarks Act 2019
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Trademarks Regulation 2019
Why is a Trademark Important?
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Registered trademark owners have exclusive rights to use their marks in trading, and to exclude others from using their mark without their consent.
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Notification of Registration issued by MyIPO is an evidence of trademark ownership.
Criteria of a Good Trademark
1
Distinctive
Use a unique name for your product / services.
2
Inventive & Creative
Use coined words and try to avoid dictionary words.
3
Not descriptive of your product / services
Avoid using names that are directly descriptive of your product / services (eg. Top Shoes, Running King etc.)
Trademarks in Malaysia
Classification
To classify goods and services in the registration of trademark, the 11th edition of Nice classification is used (34 Classes to classify goods, 11 Classes for services). Malaysia adopts the multi-class system, whereby an application can encompass 1 mark in many Classes
Madrid System
Malaysia is a member of the Madrid Protocol and System
Term of Protection
A mark is valid for 10 years from the date of registration and may remain valid in perpetuity with payment of renewal fees once every 10 years
Registered Trademark
Once a mark is registered, the "®" symbol can be placed on the top right corner of the mark
Pending Trademark
Before a mark is being applied for or registered, mark owners are allowed to use the "™" symbol on the top right corner of their mark
Trademark Registration Process (in Malaysia)
Requirements for Registration
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Name & Address of Applicant
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Representation of the mark
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Class(es) of interest (we can assist you in identifying this)
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Specification of goods / services (we can assist you in preparing this)
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Priority particulars (if any)
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For Malaysian applicant, a copy of company's incorporation form (if applicant is a company) or a copy of identification card (if applicant is an individual).