WHAT IS A TRADEMARK?
A Trade Mark consists of word, device, numeral, symbols or combination of one or more.
A Trade Mark is used to define the goods and services of your trading nature which can distinguish your goods and services from those of others.
TM Stands for “Trade Mark” while SM stands for “Service Mark” The symbol TM can be used for both goods and service while SM can only be used for services. Trade Mark is governed by Trade Marks Act 1976 and Trade Marks Regulation 1997 (Amendment 2001)
TYPES OF TRADE MARKS THAT CANNOT BE REGISTERED
- Words referring to “Seri Paduka Baginda”, “Yang Di Pertua Negeri”
- Patent, Patented, By Royal Letters Patent
- National Flower
- Representations of, or mottoes of or words referring to, the royal or imperial crowns, or any of the royal, imperial or national flags;
- Logo and word referring “ASEAN”
- Words referring to the crests, armorial bearings or insignia of the Malaysian Army, Royal Malaysian Navy, Royal Malaysian Air Force and of the Royal Malaysia Police
- Red Crescents, Geneva Cross and other representations of the Red Cresent, the Geneva and other crosses in red
- Swiss Federal Cross in white or silver on a red ground or such presentations in similar colours or colours
- Scandalous and offensive words (Section 14(b)
EXCLUSIVE RIGHTS FOR REGISTERED TRADE MARKS
- Rights to use the symbol ®
- Rights to take legal action for infringement of Trade Mark
- Registered/legal owner of own Trade Mark
- Has the authority to appoint third party to use the registered mark for business purposes
DURATION OF REGISTRATION
Duration for the registered Trade Mark or Service Mark is available for ten (10) years and is renewable every ten (10) years. (Section 32)
PROTECTION FOR TRADE MARKS
Protection in Malaysia is only given to the Trade Marks registered in Malaysia. If you seek for protection elsewhere, you will need to apply for registration separately in each country.