Image by Katherine Kromberg

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

Image by Mikhail Pavstyuk

Trademark Law in Malaysia

  • Trademarks Act 2019

  • Trademarks Regulation 2019

Image by Mark Fletcher-Brown

Why is a Trademark Important?

  • Registered trademark owners have exclusive rights to use their marks in trading, and to exclude others from using their mark without their consent.

  • 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
Trademark Registration Process (in Malaysia)

1

Trademark Availability Search

Conducted to assess the registrability of the mark (i.e. whether there is same/similar prior mark(s) already filed/registered with the IP Office in Malaysia (MyIPO), and if the mark fulfills the registrability (i.e. whether the mark is distinctive and non-descriptive of your products/services). 

2

Trademark Application

If the search result is favourable, a trademark application has to be submitted to MyIPO to register the mark.

Requirements for Registration
  1. Name & Address of Applicant

  2. Representation of the mark

  3. Class(es) of interest (we can assist you in identifying this)

  4. Specification of goods / services (we can assist you in preparing this)

  5. Priority particulars (if any)

  6. 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).

Your creation deserves protection.

Every creation of the mind, big or small, deserves to be protected. We can help you with it.