Trademark Basics – The Official Portal of Intellectual Property Corporation of Malaysia

DEFINITIONS OF TRADEMARK

Trademark means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

Sign – any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, color, sound, scent, hologram, positioning, sequence of motion or any combination thereof.

Collective Mark – A collective mark shall be a sign distinguishing the goods or services of members of the association which is the proprietor of the collective mark from those of other undertakings.

Certification Mark – A certification mark shall be a sign indicating that the goods or services in connection with which it shall be used are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.

NON-REGISTRABLE TRADEMARKS

Prohibited Marks
If the use of which is likely to confuse or deceive the public or contrary to law.
Scandalous or Offensive Matter
If it contains or comprises any scandalous or offensive matter or would not otherwise be entitled to protection in any court of law.
Prejudicial to the Interest or Security of the Nation
Registrar bears the responsibility of determining the trade mark, whether it might be prejudicial to the interest or security of the nation. It may be that a mark contains an inflammatory statement or words.

GROUNDS FOR REFUSAL OF REGISTRATION

Absolute grounds for refusal of registration
Relative grounds for refusal of registration

FUNCTION OF TRADEMARKS

Origin
A trade mark helps to identify the source and those linked for the products and services trade in the market.
Choice
A trade mark assists consumers to choose goods and services with ease.
Quality
Consumers define a certain trade mark for its known quality.
Marketing
Trade mark play a significant role in promoting. It’s common for consumers to make purchases based on continuous effect of advertising.
Economic
Recognized trade mark is a valuable asset. Trade marks may be licensed or franchised.

IMPORTANCE OF TRADEMARKS REGISTRATION

Intellectual Proprietary privileges in relation to a trade mark may be established through actual use in the marketplace and registration provides for:

Exclusive Rights
Registered trade marks owners have exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.
Legal Evidence
Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership. A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.