A trademark is a sign which distinguishes the goods and services of one trader from those of another trader within the marketplace. A sign can be a word, logo, picture, name, letter, numeral or any combination of these.
Why need to conduct Trademark searches?
In many countries, trademark office register mark without comparing them with the existing registered trademark earlier. You run the risk of infringing someone's mark if you do not conduct a trademark search prior to using a trademark in the particular marketplace. It would cost you to change your mark if there is an opposition from registered owner of the similar mark in the particular marketplace..
Why register Trademark?
A registered trademark gives the owner an exclusive rights to use the trademark in the particular marketplace. They also have the rights to take legal action under the Trade Mark Law against others trader who use or infringe their marks without the owner consent. Registration certificate issued by Registrar Office is a prima facie evidence of trademark ownership. A certificate of registration serves as an important document to establish the ownership of goods.
What is the term of a Trademark and its Renewal?
The protection of trademark begins on the date in which the application was approved and gazetted. A trademark registration in Malaysia is renewable every 10 years.
What is the Trademark registration process?
Every application will be examined to ensure the registrability of the trademark. If there is an objection to the trademark, applicants may submit submission in writing or apply for a hearing. Trade mark accepted for registration will be advertised in the Government Gazette to allow any party to forward their opposition on the registration of the trademark. If there is no opposition, the mark will be registered and a Registration Certificate will be issued.
Is there an "International Trademark"?
NO. A trademark registered in Malaysia is valid only in Malaysia. If you wish to export your products to overseas, a separate application must be made in each of the countries where you want seek protection.
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