TRADEMARK
What is a trademark ?
Trademark in Malaysia: A trademark is essentially a sign (mark) used to distinguish products/services from other traders. A sign can be any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging and now also includes sound, scent, hologram, sequence of motion and etc or any combination thereof.
Pursuant to section 3(1) of the Trademarks Act 2019, trademark means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.
Purpose of a trademark
As an example, when you see the trademark ‘SAMSUNG’ for certain products, you will recognize them and know that they are the products you are looking for. A trademark acts as a source identifier and helps consumers in making a purchase decision. It enables consumers to differentiate one trader’s products/services from other traders or competitors.
In identifying products/services bearing the same trademark, consumers expect the products/services to have a consistent quality. It is the experience of dealing with a product/service over time that leads consumers to expect that a particular trademark stands for a certain quality that they are familiar with based on their previous experience or recommendation of others.
A good trademark can definitely help your business to grow. The advertising industry depends heavily on trade marks in their advertisement to effectively convey information the public about certain products/services. Through trademark, branding and advertising, traders can communicate effectively with consumers.
What trademark can be registered?
Generally, the basic guidelines as to what can be registered are as follows:
- Signs which are capable of being represented graphically
- Signs which are capable of distinguishing goods or services
- Trademarks which are distinctive
- Trademarks which may serve, in trade, to designate the kind, quality, purpose, geographical origin and other characteristics of goods or services
- Trademarks which have become customary in the trade or in the Malaysian language
Also note that you may not be able to register a trademark that is identical or similar with someone else’s trademark in respect of identical or similar goods/services if that person has already applied for or registered his trademark with the Registrar (MyIPO).
Why register a trademark?
- To obtain exclusive rights to use the trademark to the exclusion of others
- Prevent third party from registering a similar/identical trademark which might affect your rights
- Prima facie evidence of ownership of your trademark
- Easy enforcement such a applying for raid (Trade Description Order) and etc
- Able to assign or license your trademark
- Increase value for your business (intangible property)
- Easy marketing / advertising
Protection duration of a trademark
A trademark is valid for 10 years once it is registered and renewable every 10 years thereafter.
