To protect your trademark in Malaysia, it’s necessary to fulfill all the legal requirements. It is often misunderstood that “as long as this trademark is created by myself, I am entitled to register the trademark and claim ownership”. However, the reality doesn’t work this way.
1. Create invented word / name
The best idea is the trademark is a self-coined or created name. It is even better if the trademark does not exist in dictionary or our day to day language. For example, Coca-cola is a coined name which originally does not have its own meaning.
Many business owners think that it is the end of the story once their trademark is registered. They might just frame up the certificate and hang it on the hall of achievement. That shouldn’t be the case! You should check and audit your trademark registration from time to time. But what should we check on a registered trademark?
Some people may treat registration of trade mark as registration of domain name, keep it for future purposes instead of engaging in commercial use instantly. Some may even want to try their luck by “locking” a trade mark to see whether they can make a windfall gain in future by selling to others. However, the reality does not work in that way.
Trade Mark Registration Can be Cancelled for Non-Use
The Trade Mark Laws in many countries stipulate that registered trade mark owners must use their trade marks in the course of trade within certain period of time.
“How to protect our trade mark from copycats?” The most common and straightforward answer would be to register it and claim ownership. Actually, it is not as simple and there are more to be done. Now let's look into the 6 critical steps to protect your trade mark.
Many times we have been asked is there a way we can protect our Intellectual Property (IP) globally by one single filing process.
Unfortunately, the answer is No.
Currently, there is no unitary system enabling a company to protect its IP globally by one filing. Protection of IP is on a territorial basis. In other words, if a company wishes to expand its businesses overseas, it should register its IP for protection in the desired countries individually.
Trade mark, being one of the Intellectual Property, plays an important role for a company to distinguish its products and services from competitors. It is the first thing the public would recognize and remember about a company’s products and services.
The first and most important step to protect a company’s trade mark is by way of registration with the relevant government agency / authority.