Trademark
What is Trademark?
Trademark serves as a recognizable symbol that helps customers identify and associate with your offerings.
PRO TIPS: In the realm of business, the notion of trademarks is utmost important. There is a misconception among people that simply registering their business trade name in a country's company registry (ie. SSM) will automatically result in their business trade name becoming a trademark. However, this belief is incorrect, as a trade name and a trademark are not the same entity.
What can be trademarked in Malaysia ?
Signature
Numeral
Device
Packaging of Goods
Hologram
Brand
Letter, Word
Heading, Label
Colour
Shape of Goods
Sound, Scent
Signature
Numeral
Device
Packaging of Goods
Hologram
Brand
Letter, Word
Heading, Label
Colour
Shape of Goods
Sound, Scent
According to Section 3 of the Trade Mark Act 2019, any sign capable of being represented graphically and which is able to distinguish the product or services of a proprietor from another who practices trade in the similar industry is registrable. The sign may be one of the following:
- Any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, color, sound, scent, hologram, positioning, sequence of motion or any combination thereof;
- A collective mark or certification mark;
- A collective mark which is distinguishable;
- A certification mark indicating that the goods or services in connection with which it shall be used are certified by the proprietor of the mark.
What can be trademarked in Malaysia ?
According to Section 3 of the Trade Mark Act 2019, any sign capable of being represented graphically and which is able to distinguish the product or services of a proprietor from another who practices trade in the similar industry is registrable. The sign may be one of the following:
- Any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, color, sound, scent, hologram, positioning, sequence of motion or any combination thereof;
- A collective mark or certification mark;
- A collective mark which is distinguishable;
- A certification mark indicating that the goods or services in connection with which it shall be used are certified by the proprietor of the mark.
What is the objective of a Trademark?
The primary objective of a Trademark is to differentiate the products or services of one proprietor from those of another operating in the same industry.
The owner of a trademark possesses exclusive rights over their brand within the registered jurisdiction and has the following privileges:
- Exclusive use of the brand: They have the right to exclusively use the trademarked brand.
- Licensing or assignment of rights: They can grant licenses or transfer the rights to others.
- Enforcement of proprietary rights: They can take legal action to protect their rights in case of infringement.
What is non-registrable mark in Malaysia?
- A mark which is likely to confuse or deceive the public or is contradictory to law;
- A mark that contains or consists of any scandalous or offensive matter;
- A mark which is prejudicial to the Interest or Security of the Nation, for example consisting an inflammatory statement or words.
- A mark that is identical with an earlier registered mark for identical goods or services.
- A mark, which consists exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, other characteristics of goods or services or the time of production of goods or rendering of services.
Duration of Trademark Protection
A registered trademark shall be protected for a period of 10 years, from the date of application. However, it can last forever provided you renew it every 10 years.
Requisite documents for Trademark Registration in Malaysia
For individual
- A copy of the applicant’s Malaysia Identification Card (NRIC);
- A high-resolution logo file; and
- Description of the goods/services for which the trademark will apply
For Company
- A copy of the Company’s Incorporation forms;
- A copy of the Director’s Malaysia Identification Card (NRIC) – *For partnership business, need to provide ALL partner’s NRIC
- A high-resolution logo file; and
- Description of the goods/services for which the trademark will apply
Trademark Application Process
The trademark registration process in Malaysia takes about 9-12 months to complete. In the event any objection raised during the examination stage, a longer period will be taken.
What can we help
Our services include the filing of trademarks in both Malaysia and international jurisdictions. We proactively address potential objections and minimize them prior to the filing process. Additionally, we are committed to consistently delivering professional services at competitive rates, catering to the needs of individuals, startups and small to medium enterprise.
What can we help
We offer comprehensive services for trademark registration across a wide range of countries worldwide. Our expertise covers every aspect, from handling trademark registration, commercialization, enforcement, and litigation. In Malaysia, we have successfully filed and managed thousands of trademark applications for businesses. Through our close collaboration with trusted international partners, we have established a robust global network that enables us to assist you in securing trademark rights and expanding your business horizons internationally.