What is a Trademark?
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. To protect your legal rights and create strong brand recognition in Malaysia, it’s important that you register for trademark with MyIPO. You can apply for trademark registration regardless of whether or not you’re Malaysia’s citizen.
A trademark is a symbol, a word, or words that uniquely identifies your brand, as in your company and its products.
It’s the public face of your brand, and, therefore, crucial to helping your clients differentiate us from your competitors.
Importance of Trademark registration
Registering your trademark is essentially adding a layer of legal protection that makes the trademark legally and solely yours to use. Therefore, no one else may use your registered trademark, especially for the purpose of doing business, without your permission.
If you find anyone misusing your registered trademark or uses it without your permission, you’ll have grounds to take legal action against the party in order to recover any losses and/or to demand that they desist from using your trademark.
Without registering your trademark, it isn’t officially yours, which means that anyone would be free to use it as they see fit until it is registered by someone.
Exclusive Rights
Registered trademarks owners have exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.
Legal Evidence
Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership. A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.
How Can Cheng & Co Help?
We provide professional services at apply trademark for our client.
Preliminary advice & search – Professional advisory and public search of the proposed trademark
Trademark Application, Publication & Registration:
We have a wide range of services under our trademark services, for instance:
Schedule A Consultation
Frequently Asked Questions
Is a Trademark which has been registered aboard valid in Malaysia?
The legal validity of a trademark which has been registered is usually limited to the territory in which the trademark was registered. Therefore, a trademark which has been registered in another country is usually not valid in Malaysia.
For how long are Registered Trademarks in Malaysia protected?
Your certificate will be valid for 10 years, you also have the chance to renew your trademark, which will add on an additional 10 years.
What are the trademark classifications of goods and services?
There are 45 classification of goods and services. The applicant is not encouraged to list or claim the entire class heading of each class of goods or services in the application form. Class headings only serve as general indications of the type of goods or services and may not cover all the goods or services in the class. You should itemize the specification of goods or services of your interest in the application.
