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#1 Top 10 Myths About Trademark Registration

Finally, IP Gennesis is now on Youtube!!!

As we are always committed in raising IP awareness among the communities, we are pleased to announce that we will be releasing videos from time to time about practical strategies and knowledge about IP on our Youtube Channel.

In our 1st video, we will dispel the cloud of mystery surrounding trademark that you may have misunderstood all along. Now, let’s dispel the cloud of mystery surrounding trademark!

Myth 1: My trademark can be protected with single registration

Nah…..this is not true. We wish to have that too! Hate to bring you the bad news, but currently no such system at the moment. Registration and protection of trademark is territorial-based. So, to register your TM globally, we still have to register it in those countries one by one. We also have the options of regional filings or central filing by Madrid Protocol, but we still need to wait for the approval from each country separately.

Myth 2: I created this mark, I am entitled to register this trademark

I am sorry bro, maybe not. In order to be registrable, your TM need to fulfil certain legal requirements. For example, the Malaysian Trademarks Act 2019 stipulates that your trademark should not designate the nature, quality and characters of the goods and services. It also shall not be the same or confusingly similar with earlier mark. On top of that, there are many other requirements to be fulfilled. So even if a mark is created by you, it is not registrable if it does not meet the requirements.

Myth 3: I registered my trademark, nobody can use my trademark

Well, not necessary. Your trademark is protected according to the goods and services listed in your registration. So if someone use your trademark out of the scope of the goods and services in your registration, they may not infringe your trademark. However, you still have a chance if the good and services are closely related to yours. The morale is, the selection of classes and description of goods is very important as they determine the scope of protection of your trademark.

Myth 4: Company registration = Trademark registration

No, they are not the same. The registration and operation of a company is governed by company laws, whereas the registration and the enforcement of trademark rights are governed by trademark laws. Company registration incorporate a legal entity and gives you the right to operate a business. It does not automatically grant any exclusive rights on the trademark.

Myth 5: TM and ® are the same

We can see some companies use “TM” on their trademarks while some use R. Are they the same? Of course not la! The use of R sign indicates that a trademark is already registered and the proprietor is entitled to exclusive use on the mark. However, the TM sign merely identifies a trademark, mostly unregistered. Be careful! Don’t use the R sign if your trademark is not registered. Misusing of R sign is actually a prosecutable offence! Don’t play play!

Alright, that is all for Part 1, were you misconceived by any of these myths?? Let us know in the comments below! Of course, if you have any further doubts on the myths above, you are very welcome to contact us today for a free consultation!

Stay tuned to our Part 2 video where we will be revealing more mind-blowing myths about Trademark. If you have any particular topics that you wish for us to work on, please feel free to let us know too!

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