Trade Mark is a sign which distinguishes the goods and services of one trader from those of another, which includes words, logos, pictures, names, letters, numbers or a combination of these. Usually, trade mark is used as a marketing tool to enable customers in recognizing the product of a particular trader. It is governed by Trade Marks Act 1976 and Trade Marks Regulation 1997 in Malaysia.
A registered trade mark’s owner will have exclusive right to use their trade mark in business trading. In accordance to the Trade Mark Law, they will have rights to take legal action for infringement 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.
The Certificate of Trade Mark Registration issued by the Registrar (MyIPO) is a prima facie evidence of ownership of the trade mark and acceptable to the Malaysian Court as valid proof of ownership. A Registered trade mark is a valuable asset that can be traded through licensing and franchising for commercialization.
Malaysian application can be used as a basis for claiming priority in countries which are party to the Paris Convention and World Trade Organization (WTO).
A trade mark registration is valid for 10 (ten) years from the date of application and may be renewed every 10 (ten) years.