Definition 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.
Benefits of trademark registration:
Trademark registration allows you to obtain exclusive rights (monopoly) as follows:
- Use the ® symbol next to your mark
- Distinguish your goods or services from others.
- License it to third parties
- Sell it for profit
- Use it to raise equity for business undertakings
Term of protection:
Trademark registration is valid for ten (10) years from the date of filing and you may renew the registration every 10 years upon its expiry.
Easy steps to register trademark
Step 1: Check Registration Criteria for a Trade Mark
|Be capable of being represented graphically|
|Be distinctive and capable of distinguishing your goods or services from other traders|
|Does not refer to product quality (such as the words ‘good’, ‘tasty’, ‘cheap’)|
|Not a generic word – which are customary in current language or established practices of trade (e.g. the mark “Escalator” has become so well-accepted that it is used to describe power-driven staircases for carrying passengers, and can no longer be used to distinguish the trader selling such goods)|
|Not be identical or confusingly similar to existing trademark(s)|
Step 2: Searched for Similar Existing Marks?
|Before applying for a trade mark, you are encouraged to conduct a Similar Mark Search on https://iponlineext.myipo.gov.my/SPHI/Extra/IP/TM/Qbe.aspx?sid=637928381115390434 to ensure that there are no existing marks on our Register belonging to another party, that are identical or similar to yours.|
|You may also request for preliminary advice and search from MyIPO by filing form TMA1 with a fee of RM250.|
Step 3: Identify the Class of Goods or Services
|There are 45 classes of goods and service Under the Nice Classification. MyIPO has provided the selection of product/service specifications through a pre-approved list at the following link:
Step 4: Filing of application form (TMA2)
|Download the TMA2 form: https://drive.google.com/file/d/1b1kQ9QhZlz_ROm5XCQVO0YuIe2Hh6Q14/view|
|Kindly refer to the manual filling guide at the following link: https://drive.google.com/file/d/1SEACn9odYFmAdIMkNY0rTLI6eFjFLKtI/view?usp=sharing OR|
|Apply online at https://iponline2u.myipo.gov.my/ by following the steps as below:
Legal Action on Infringement of Registered Trademark Rights:
Infringement of rights for registered trademarks can be taken through criminal or civil action.
Complaints for criminal actions must be made directly to the Director of Enforcement, KPDNHEP Enforcement Division using the following channels: –
- Portal e-aduan.kpdnhep
- Call Center 1 800 886 800
- Email firstname.lastname@example.org
- Ez ADU KPDNHEP
- Enforcement Command Center (ECC) 03-8882 6088/6245
- WhatsApp: 019-279 4317
- KPDNHEP States Operations Room (Kindly visit www.kpdnhep.gov.my for list of contact numbers)
Any further inquiries regarding trademark registration please contact: –
Intellectual Property Line: 03-2299 8880/03-2299 8882
IP Online Helpdesk: 03-2299 8418/ 03-2299 8420