Legalise ownership of the mark to protect your rights
A trademark is a sign which distinguishes the goods and services of one trader from those of another. It could take the form of words, logos, pictures, names letters, numbers, aspect of packaging or a combination of these.
Not all the marks are registrable. It must be distinctive with appearance of an invented word; names of a person/firm/company, a signature, words (must have no direct relation to a good or service, geographical name or surname) or a distinctive sign. In addition, the mark must not be deceptive, contrary to law or is offensive in any manner. It also should not be identical or similar to an earlier registered or well-known trade mark. Specific to Malaysia, a trade mark is also not registrable if it contains words or representations that are prohibited under the Trade Mark Act and Regulations, eg. Royal or Imperial Crowns, The Royal Malaysian Army and Royal Malaysian Police.
Trademark registration is valid for 10 years from the date of application and may be renewed every ten years. A registration can be made before actual use.
In Malaysia, for the purpose of the registration of trademarks, it adopts the 9th edition of Nice International Classification of goods and services, where goods and services are classified into 45 different classes (Click for a List of Goods and Services). An applicant may nominate goods and services falling into one or more classes with separate application made on each class.
Once it is used in the market, it acquires a personality, and it becomes the most valuable asset for your business. If you have heavily invested in advertising, promotion, brand-building and product development for your existing business or a new business, make sure you really OWN your NAME, BRAND, LOGO or SLOGAN.
Don’t just assume that your name, brand, logo or slogan has not already been used by your competitors. Just imagine that one day you received a legal letter WARNING you that you can no longer use your name, brand, logo or slogan, and you have infringe your competitor’s trademark. It could costs you THOUSANDS OF DOLLARS trying to defend yourself and all your valuable assets and benefits acquired through out the years will eventually become questionable and `at risk'.
FUNCTION OF TRADEMARK
(1) Origin Function: Trademark indicates source and those responsible for the products and services sold.
(2) Choosing Function: Trademark enables consumer to choose goods and services when shopping.
(3) Quality Function: Consumer chooses a particular trade mark for the known quality.
(4) Marketing Function: Trademark plays very important role in advertising, particularly continuous advertising.
(5) Economic Function: Established trademark is valuable asset. Trademark may be licensed or franchised.
IIMPORTANCE OF TRADEMARK
In Malaysia, registration of trademark is not compulsory, however, registering your trademark is strongly recommended. A trademark can serve several functions:-
- It can attribute to the success of well known companies or household brands by giving ideas
and information to help built loyalty and value for a business;
- A valuable asset, once registered, a trade mark can be licensed or franchised;
- Exclusive right to use their marks in trading. It also provides the right to take legal action for infringement
under the Trade mark Law against others who use their marks without consent;
- Have the exclusive right to use your trademark to identify your products or services in the territory
- Prohibit third parties from using your trademark or similar sign, for examples as a domain name or company name
or to identify their products or services even if they are not similar (in some cases);
- Generate income through the granting of licences to third parties; and
- Create an image, identity around your product or service.
We welcome you becoming our client in Intellect Property Division for your right protection.
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