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#2 Top 10 Myths About Trademark Registration

Do you think…

  • Everything is done once your trademark is registered?

  • Trademark means logo?

  • You are not infringing if you did a minor tweak on others’ trademark?

  • Only big companies need to register their trademark?

  • You need to renew your trademark every year?

If “𝗬𝗘𝗦” is your answer, then you are 𝗪𝗥𝗢𝗡𝗚.

Check out the full video below and you will know why

Myth 6: I can happily keep my certificate in my cupboard after my trademark is registered

It is not that simple! You should always audit your trademark. After years of development, your goods and services may have expanded beyond the scope of your initial registration. In this case, you should review your earlier registration and consider filing a fresh application to have all your goods and services properly covered.

Further, if there is any change of name, address or ownership, it should be recorded with the Registry promptly!

Last but not least, remember to renew your registration!

Myth 7: Trademark needs to be renewed every year

Nope! In Malaysia, renewal of trademark is only required every 10 years, same with most of the countries. Furthermore, as long as it is renewed promptly every 10 years, the protection on your trademark is valid forever. How good is that! Your boyfriend may not even promise a life-time protection.

Myth 8: Trademark means logo only

Oh dear, it certainly means more than just a logo. Did you know sound and scent can also be your trademark? Yes, according to the new Malaysian Trademarks Act 2019 a trademark includes any letter, word, name, signature, numeral, device, shape of goods or their packaging, colour, sound, scent and many more! As long as it is capable of being represented graphically, and distinguishing its goods and services of other undertakings.

So, who says trademark is just a logo only just again?

Myth 9: I make little bit changes on others’ mark is not considered infringement

It is a misconception that we can get away from the legal liability of trademark infringement by making minor changes on others’ trademark. In Malaysia, infringement is not just determined by the amount of changes. As long as the infringing mark similar with the registered mark resulting in the likelihood of confusion on the part of the public, it is an infringement!

So similar or not it is public’s say, not our say!

Myth 10: Trademark registration is very expensive and it’s only for big company

As a matter of fact, if you can afford to buy an average computer in your office, it means you can afford the cost of trademark registration and get exclusive use of the trademark eternally in return. Expensive? What do you think?

Generally, big corporations will always plan their budget for trademark registration to register everything under the sun. However, this doesn’t mean that trademark registration is for big companies only, SMEs need it too! Unless you are ok with others stealing your brand that you have been developing with all your hard works. Of course, no matter yours are big companies or SMEs, we can always formulate a filing strategy which suit your actual needs and budget.

So, are you hooked on these myths? Do you want more? Let us know in the comment below or tell us what topic do you wish us to cover next. Do not forget to give this video a like, share it with your friends and click subscribe for more interesting videos about Intellectual Property!

Comment below and share us your thought, or ask us any question!

𝐈𝐭 𝐢𝐬 𝐨𝐮𝐫 𝐦𝐢𝐬𝐬𝐢𝐨𝐧 𝐭𝐨 𝐫𝐚𝐢𝐬𝐞 𝐈𝐏 𝐚𝐰𝐚𝐫𝐞𝐧𝐞𝐬𝐬 𝐚𝐦𝐨𝐧𝐠 𝐭𝐡𝐞 𝐜𝐨𝐦𝐦𝐮𝐧𝐢𝐭𝐢𝐞𝐬. 𝐘𝐨𝐮𝐫 𝐬𝐮𝐩𝐩𝐨𝐫𝐭 𝐦𝐞𝐚𝐧𝐬 𝐚 𝐥𝐨𝐭 𝐭𝐨 𝐮𝐬! 𝐏𝐥𝐞𝐚𝐬𝐞 𝐬𝐮𝐛𝐬𝐜𝐫𝐢𝐛𝐞, 𝐥𝐢𝐤𝐞 𝐚𝐧𝐝 𝐬𝐡𝐚𝐫𝐞 𝐨𝐮𝐫 𝐯𝐢𝐝𝐞𝐨.

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