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Learn more about Trademark Registration in Malaysia
A Trademark is a sign that serves to distinguish one company’s goods or services from those of other companies. Any firm is not required to start using a trademark at any moment. However, trademark registration is strongly recommended since it gives significant advantages over others who have not gone through the trademark registration procedure. Trademark rights in Malaysia can be obtained by registration. To register for trademark rights, fill out the applicable application form and submit it to the Intellectual Property Corporation of Malaysia. This will result in the registration of a trademark in Malaysia.
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What is a Trademark?
A trademark serves as the public face of your brand or corporation. Trademarks are used in commerce to identify the origin of goods and services and to differentiate them from rivals in the marketplace.
Registering your trademark grants you the exclusive right to use your mark in the country in which it is registered for the goods and/or services that it covers. A registered trademark also confers legal rights on the owner to lease or sell the brand.
If you have a registered trademark, you may use the ® sign to warn others not to use it. However, using this symbol for an unregistered trademark is illegal.
A registrable trademark is one that has a distinguishing logo or symbol, picture, name, signature, word, letter, numeric, or any combination of these elements. Smells, noises, colors, forms, moving pictures, tastes, and sensations are now registrable in various ASEAN nations.
What is a registrable Trademark?
Section 10 of the Trade Marks Act of 1976 (“TMA”) states that a registrable mark must have at least one of the following:
|➤ The signature of the applicant for registration or of a predecessor in his business|
|➤ A fabricated term or words; a word that has no direct relation to the nature or quality of the goods or services and is not, by definition, a geographical name or surname|
|➤ Any other distinguishing mark|