TRADEMARK

What is trademark?

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A trademark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof, as defined by Malaysian Trade Marks Act 1976.

It is used by business owners to distinguish their goods or services from the competitors.

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Why is registration of trademark important?

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Simply put, to prevent others from using it.

The registered proprietor of a trademark will be granted exclusive right to use the trademark in respect of the goods or services. Anyone who uses a registered trademark without the consent of the proprietor constitutes trademark infringement, and the proprietor could sue the infringer for damages and other legal remedies.

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How long is the validity of a registered trademark?

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Registration of trademark can be valid perpetually provided it is renewed every 10 year.

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How to register a trademark in Malaysia?

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1. Identify the goods or services covered under the trademark in order to determine the classification.
2. Conduct pre-filing trademark search to evaluate the registrability. (optional)
3. Determine the owner of the trademark to be registered, it can be personal or company
4. Submit trademark application, which is on 1 mark 1 class basis.
5. Once the application is accepted (or approved), make an advertisement request for the trademark for public opposition purposes.
6. The trademark will be registered if there is no public opposition within 2 months from the date of advertisement.

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How to register trademark internationally?

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At the moment, there is no universal system to register a trademark internationally. A trademark owner should register his trademark in the intended countries individually.

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