Trademark

Trademark Introduction

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What is Trademark?

Trademark is any form of Brand or trade names used in trade, which has been formalized or recognized by the respective jurisdiction’s laws and regulation either by way of registration or through usage

What is Brand?

Brand name includes many forms such as words, numbers, labels, and logo etcetera.

What sort of Brand is registerable or is recognized as a Trademark in Malaysia?

A Brand shall consists of at least one of the following criteria in order to be registerable:

  1. An individual or company’s name represented in a special manner; or
  2. A signature of the Applicant or its predecessor; or
  3. An invented or uniquely coined word;
  4. A word or any other representation thereof having no direct references towards the character or quality of the product or services applied; or
  5. A word or any other representation thereof which is not geographical indicative or signify its place of origin; or
  6. Any other word or markings which are special or distinctive either inherently or through use.

What are the marks and representation that is not registrable as a Trademark in Malaysia?

A Brand shall not contains any of the following in order to be registerable:

  1. The words “To counterfeit this is a forgery“, “Registered Trade Mark“, “Registered Service Mark“, or any words to the like effect in any language;
  2. The words “Bunga Raya” and the representations of the hibiscus or any colourable imitation thereof;
  3. Representations of or words referring to Seri Paduka Baginda Yang di-Pertuan Agong, Ruler of a State or any colourable imitation thereof;
  4. The representations of any of the royal palaces or of any building owned by the Federal Government or State Government or any other government or any colourable imitation thereof;
  5. The word “ASEAN” and the representation of the ASEAN logotype or any colourable imitation thereof; and
  6. The words “Red Crescent” or “Geneva Cross” and representations of the Red Crescent. the Geneva Cross and other crosses in red, or of the Swiss Federal Cross in white or silver on a red ground, or such representations in a similar colour or colours.

What is the purpose of Trademark?

The main purpose of a Trademark is to distinguish the product or services of a proprietor from another who practices trade in the similar industry.

A trademark owner holds the absolute rights of his Brand within the registered jurisdiction and shall has the following rights:

  1. To monopolise the right to use the Brand;
  2. To license or assign the rights to another; and
  3. To enforce proprietary rights in case of infringement.

Laws and Regulations for Trademark in Malaysia

Malaysia is a member of Paris Convention which regulates the protection of famous and well-known marks or brands. All other marks or brands will be regulated under the Malaysia Trade Marks Act 1976 and Trade Marks Regulation 1997.

Duration of Trademark

A registered trademark shall be protected for a period of 10 years and can last forever provided it is renewed every 10 years.

Documents required for Trademark registration in Malaysia

Individual (Malaysian)

  1. A signed Statutory Declaration and be affirmed in the presence of a Commissioner for Oath;
  2. A copy of the Malaysia Identification Card (NRIC)
  3. Filing details including:
    • Applicant’s name
    • Applicant’s address
    • Class
    • Description of product or services

Individual (International)

  1. A signed Statutory Declaration and be notarized in the presence of a Notary Public;
  2. A copy of the respective countries’ passport
  3. Filing details including:
    • Applicant’s name
    • Applicant’s address
    • Class
    • Description of product or services

Company (Malaysian)

  1. A signed Statutory Declaration by the Director or authorized personnel of the company, and be affirmed in the presence of a Commissioner for Oath;
  2. A copy of the company’s incorporation forms
  3. Filing details including:
    • Applicant’s name
    • Applicant’s address
    • Class
    • Description of product or services

Company (International)

  1. A signed Statutory Declaration by the Director or authorized personnel of the company, and be notarized in the presence of a Notary Public;
  2. Filing details including:
    • Applicant’s name
    • Applicant’s address
    • Class
    • Description of product or services

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