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, colour, sound, scent, hologram, positioning, the 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.
FUNCTIONS OF TRADEMARK
Intellectual Proprietary privileges in relation to a trademark may be established through actual use in the marketplace and registration provides for:
- Exclusive Rights – Registered trade marks owners have the 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 the 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 trademark ownership. A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.
DURATION OF REGISTRATION
Trade mark registration is valid for ten years from the date of application and may be renewed every ten years.
For New Application & Renewal (Malaysia or Oversea), please call & WhatApps Vensen Ng (Kuching) +6016-862 4652