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Trademark registration is the process of securing a trademark for a company’s brand, logo, or slogan. The process can be long and complicated, but it’s essential to protect your brand from infringement. In Malaysia, trademark registration is governed by the Trademarks Act 1976. The act defines a trademark as “any sign capable of distinguishing the goods or services of one person from those of another.”


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Frequently Asked Question

What is a trademark?

A trademark is a distinctive symbol that identifies a specific brand. It can be a word, phrase, logo, or even a sound. Trademarks are important because they help distinguish one brand from another and protect businesses from being copied by their competitors.

Why is trademark important?

A trademark can be a vital asset for a company or individual, as it can help businesses make their products or services more unique and distinguishable from others and allow them to build up a “brand” identity. A strong brand can bring many benefits, such as customer loyalty and increased sales. In some cases, a trademark may even become so well-known that it can become a valuable piece of intellectual property in its own right.

What type of business can benefit from a trademark?

Any business, regardless of industry, can benefit from having a trademark. If you are selling products, a trademark can help customers to identify and remember your products. If you are providing services, a trademark can help to distinguish your services from those of other businesses.

What is the difference between a patent and a trademark?

A trademark is a sign or indicator used to identify the source of goods or services, whereas a patent grants exclusive rights to an invention. In other words, a trademark protects brand names and logos, while a patent protects inventions. 

What is the difference between a brand and a trademark?

A brand is a name, term, design, symbol, or other feature that makes an organization or product different from its competitors in the customers’ eyes. A trademark is a type of intellectual property that provides protection for a brand by preventing others from using it without permission. 

How long does a trademark last in Malaysia?

Trademark registration in Malaysia is valid for ten years from the filing date and can be renewed for an additional ten years. 

What is the cost of registering a trademark in Malaysia?

The cost of registering a trademark in Malaysia varies depending on the number of classes of goods and/or services covered by the application. 

What are the advantages of registering a trademark in Malaysia?

The main benefits of registering a trademark in Malaysia are: 

– it gives the owner exclusive rights to use the trademark in connection with the goods and/or services for which it is registered; 

– it serves as a deterrent to others who may attempt to use the trademark without permission; 

– it can be used as a basis for taking legal action against anyone who uses the trademark without permission. 

What are the requirements for registering a trademark in Malaysia?

To register a trademark in Malaysia, you will need to file an application with the Malaysian Intellectual Property Office (MyIPO). The application must contain the following: 

– a list of the goods and/or services for which the trademark will be used; 

– a clear and distinctive image of the trademark. 

You may also need to provide evidence that you have been using the trademark in Malaysia before the date of application. The complete information you need is provided in your online form. 

What are the consequences of not registering a trademark?

If you do not register your trademark, you will not have exclusive rights to use it in Malaysia. This means that others may be able to use the same or a similar trademark for the same or similar goods and/or services. This could confuse customers and damage your business. You may also find it difficult to take legal action against someone who uses your unregistered trademark without permission. 

How can I protect my trademark from being used without permission?

You can protect your trademark by ensuring that it is registered with the relevant authority in your country. You can also include a notice on your products and/or services that the trademark is registered. This will help to deter others from using the trademark without permission. If you believe someone has used your trademark without permission, you can take legal action against them. This could involve asking them to stop using the trademark and/or paying damages. 

How can I find out if a trademark has already been registered?

You can search for registered trademarks on the Malaysian Intellectual Property Office (MyIPO) website. The search will tell you whether the trademark is registered or not.

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