Trademark Definition in Malaysia
Trade marks are important for an advertisement. Customers are more easily influenced by advertising a product.
A distinctive mark, consists of words, logo, name, alphabets, numbers or combination of one or multitude elements, functions as a way to distinguish goods / services from one another, as a marketing tools, and as an aid to help customers to differentiate products. We provide services related to Intellectual Property services.
Application for registration of a trademark (Brand) Subject to Trade Marks Act 1976 and the Trade Marks Rules , 1983.
An individual, company or firm may at any time make an application for registration of the trademark. However , a trademark to be registered must be different from any other trademark owners.
Similar trademark which has been registered could cause confusion to the public and can cause losses to the registered trademark owners in short and long term.
Trademark Function
The Marketing Function
Trade marks are important for an advertisement. Customers are more easily influenced by advertising a product.
Function to make a Choice
Trade marks allow users to select items or services with ease. Imagine if all cell phone product has no trade mark, to how we want to tell the seller, the phone of what we want to buy.
Quality Function
Customers choosing a trade mark based on reputation and quality of goods and services under the trade mark. For example, users will be more confident to buy Apple I Phone branded phones from other brands even though they are relatively expensive. Here, a trademark of Apple I Phone itself has been reflected in the quality of products offered.
Identity Function
A trade mark allows consumers to identify the source or manufacturer of a product or service. For example the user will be able to identify that Milo and Nescafe Nestle issued by the company. So , Milo and Nescafe Nestle is the identity.
Economic Function
A trade mark which has a high reputation will increase the value of the trade mark in the eyes of customers. With high values, the trademark owner has the option to license or transfer of ownership of the trade mark with high rewards. For example, many large companies like Disney to license the use of their trademark to other companies to manufacture products such as souvenirs and so on. Disney does not have to issue any capital to produce souvenirs and just need to collect royalty revenue from licensing its trade mark.
Registration Benefits
Trademark Exclusive Rights
The owner of a registered trademark retains exclusive rights for the usage of that particular marking the class that he / she registered. The owner maintains the rights to take legal actions against another party that are infringing his / her trademark, as long as the certificate is valid and not expired.
Trademark Certification
The owner of a registered trademark will be given a Trademark Certificate that can be use as evidence in the Court of Law, whenever he / she initiate legal actions under the Trademark Act 1976.The Trademark Certificate is only issued by The Malaysian Intellectual Properties, and bearing the Registrar signature.
Trademark Protection
Trademark protection is governed by Trademark Act 1976. Its protection are only within the territories of respective country. An applicant who led a trademark for registration in Malaysia will only be given protection in Malaysia. If the trademark is used abroad, then the applicant needs to led another registration at that particular country, in accordance with the respective country Trademark Law.
Trademark Validity
The Trademark Certificate issued by the Registrar of Trademark is only valid within the period of 10 years. Once expired, the applicant will be needed to renew the Certificate, if he / she intends to extend the protection.
Trademark Application & Required Documents
Malaysian / Permanent Resident
- A copy of the logo to be registered, a copy of MyKad / MyPR
- A copy of Form D (for Enterprise / Sole proprietorship)
- A copy of Form 9 or Section 17 (for Sendirian Berhad / Private Limited.)
- A copy of the Declaration (to be provided)
- If the applicant wishes to apply to register a trade mark under the individual’s name, then just copy MyKad / MyPR required
Non-Malaysian Applicant
- A copy of the logo to be registered, a copy of Company Registration Certificate In Origin Country
- A copy of the Declaration (to be provided)
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KK Company Secretaries Sdn Bhd
B-8-6 Aeropod, Phase 3A, Jalan Aeropod, Off Jalan Kepayan, 88000 Kota Kinabalu, Sabah, Malaysia.