is used by a trader or services provider to identify his goods or services and to distinguish them from those of other traders
INTRODUCTION
A Trade mark
A registered trade mark
is a legal right granted by the government. It gives the owner a statutory monopoly for the exclusive right to use the mark in the relation to the goods or services for which the mark is registered.
You may ask the following questions:
- Why I need that protection for my brand name, logo or slogan??
- If I do not register my trademark, so can I still use it in market??
- What are the advantages to register my trademark??
You can find the answers at
about trademark
Identifying a Registered Trade Mark
® and ™ are common symbols associated with trade marks.
® indicates that the mark is a registered trade mark and hence protected under the trade mark law.
™ is just a symbol used to indicate that the mark is being used by a company as a trade mark. It means the mark/brand has been filed and it is under process and being examined by the Registrar.
Registrable Marks
A trade mark can be letters, words, names, signatures, numerals, devices, brands, labels, tickets, shapes, colours, and images of packaging or any combination of these. For a trade mark to be registered, it must be distinctive and capable of distinguishing the goods and/or services of the owner from similar goods and/or services of other traders.
Unregistrable or unfavourable Marks
Descriptive Marks
Marks that describe the goods and services of the business. For instance, “Super”, “Best”, “One”, “Top”, “Clean”, “Perfect” and etc.
Marks Contrary to Public Policy or Morality
Marks that are generally contrary to public policy or morality. For example, a mark that could promote immoral behaviour cannot be registered.
Marks that are Identical to existing registered Marks
A trade mark which is similar or identical to existing registered Marks which fall under the same class of goods or services.
Deceptive Marks
Marks that attempt to deceive or cause confusion to the public. For example, marks that misrepresent the nature, quality or geographical origin of the goods or services.
Direct reference to the goods & services provided
Marks that are direct refer to the goods and services provided. For example, the mark of “Book” cannot be used by a trader who is selling books or running a bookstore.
Marks that are Identical/Similar to Well Known Marks
A trade mark may not be registered if it is identical or similar to an earlier mark that is well known in Malaysia.
about trademark
Know More on Trade Mark
FAQ
What is a trademark?
A trademark includes any word, name, symbol, or device, or any combination...
Trademark Classes
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry...