WHAT IS A TRADE MARK?
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.
WHY IS IT IMPORTANT TO YOUR BUSINESS?
Possibly the most important reason for registration of a trade mark is the powerful remedies against unauthorized use. A trade mark registration allows the proprietor to sue for infringement and to obtain very powerful remedies such as interdict, delivery up infringing articles and damages. The overall purpose of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc. that uniquely distinguishes the goods or services of a firm.
While it is not required by law, it is a good idea to register the name of your business as a trademark. In the event that another business tries to use the same or similar name, you will have legal recourse to stop it. A trademarked name marks all of your products and services as yours and no one else's and can also protect you from counterfeit products. In fact, many banks will not allow you to open a business account under your business name if it is not trademarked. Some banks will allow a DBA, which is short for "doing business as." DBA's create a registered fictitious business name but do not provide legal protection like a trademark.
Trademarks are also used as a way of protecting consumers. When businesses are responsible for any products or services bearing their trademark, they tend to take more pride in products. To maintain a good reputation, trademarked companies will often work harder to provide quality services and products.
While it is not required by law, it is a good idea to register the name of your business as a trademark. In the event that another business tries to use the same or similar name, you will have legal recourse to stop it. A trademarked name marks all of your products and services as yours and no one else's and can also protect you from counterfeit products. In fact, many banks will not allow you to open a business account under your business name if it is not trademarked. Some banks will allow a DBA, which is short for "doing business as." DBA's create a registered fictitious business name but do not provide legal protection like a trademark.
Trademarks are also used as a way of protecting consumers. When businesses are responsible for any products or services bearing their trademark, they tend to take more pride in products. To maintain a good reputation, trademarked companies will often work harder to provide quality services and products.
Brand Protection |
Exclusive Right to the Mark |
Business Reputation |
ABOUT US
We aspire to be the trade mark agent to bring convenience to your life. It's not easy to start-up a business with limited budget, therefore we are aiming to serve you with competitive price compared to other competitors. We believe that customer satisfaction is our first priority, so bringing value to customer is our biggest goal. We will strive hard to ensure customer experience as well as meeting their requirements. Do not hesitate to contact us now.
TRADE MARK REGISTRATION PROCESS
|
Step 1 - Trade Mark Search
This step is important to determine whether your trademark is registrable with MyIPO or not. |
Step 2 - Trade Mark Application
Submit your application with MyIPO. Fill in the forms and pay the prescribed fees. Application number will be issued within the same day. |
Step 3 - Publication & Registration
After a 4-12 months wait, the Registrar should accept registration of your trademark if your trademark complies to the registrable requirement stipulated in Malaysia Trade Mark Act 1976. |
Frequently Asked Questions
1. What is the difference between ™ and ® symbol?
You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The ® symbol indicates that this word, phrase or logo is a registered trademark for the product or service.
2. How long does the trade mark registration last?
Trade mark registration is valid for ten years from the date of application and may be renewed every ten years.
3. How long does it take to complete the trade mark registration process?
12-18 months for smooth registration without any office actions, objections or oppositions.
4. Do I need a Malaysia citizenship to register for a trade mark?
A citizenship is required, but it is not limited to Malaysia citizenship.
5. Can I use the registered trade mark overseas?
No. It can only be applied in Malaysia.
You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The ® symbol indicates that this word, phrase or logo is a registered trademark for the product or service.
2. How long does the trade mark registration last?
Trade mark registration is valid for ten years from the date of application and may be renewed every ten years.
3. How long does it take to complete the trade mark registration process?
12-18 months for smooth registration without any office actions, objections or oppositions.
4. Do I need a Malaysia citizenship to register for a trade mark?
A citizenship is required, but it is not limited to Malaysia citizenship.
5. Can I use the registered trade mark overseas?
No. It can only be applied in Malaysia.