Malaysia is one of eleven countries, and also one of the most developed countries in ASEAN – Association of Southeast Asian Nations. Nowadays, the number of enterprises established and trademarks registered in Malaysia is increasing rapidly. Hence, it is really important for individuals and organizations to understand the law of trademark in Malaysia. Hereinafter, A&S LAW will consult you about this matter as follow:
1, What is trademark in Malaysia?
Trademark is the sign that can be reproduced graphically, and be able to distinguish the goods or services of an individual or an enterprise. According to Malaysia law, even sound can be registered as trademark, such as musical notation.
2, Registable sign
The following signs below are capable of distinguishing the goods or services of on personthe origin from another:
– Words;
– Names;
– Devices;
– Certain three-dimensional shapes;
– Colours;
– Slogans;
– Sounds;
– Holograms;
– Motion;
– Trade dress/get-up.
3, The followings are not the signs of registrable as trademarks:
– Marks contrary to moral standards or public order;
– Generic terms;
– Names, flags or symbols of states, nations, regions or international organizations;
– Non-distinctive trademarks, absent a showing of acquired distinctiveness ( secondary meaning)
– Marks that function principally as surnames;
– Marks that function principally as geographic location names( but not geographical indications or appellations of origin);
– The words “To counterfeit this is a forgery”, “Registered Trade Mark”, “Registered Service Mark”, or any words to the like effect in any language;
– The word “ASEAN” and the representation of the ASEAN logotype or anycolorable imitation
thereof;
– The words “Red Crescent” or “Geneva Cross” and representations of the Red Crescent, the Geneva Cross and other crosses in red, or of the Swiss FederalCross in white or silver on a red ground, or such representations in a similar color;
– The representation of any of the royal palcaes or of any building owned by the federal government or state government or any other government or any colorablr imitation thereof;
– The words “Bunga Raya” and the representation of the hibiscus or anycolorable imitation thereof
4, Time frame for obtaining registration
The time frame for application to a trademark registration in Malaysia is approximately 12-18 months.
5, Why you need to register trademarks in Malaysia
The truth is, trademark registration is not compulsory. The only problem for an unregistered trademark is the trouble you have to go through to prove your trademark rights. The process can take a long time and can be very expensive. Further, your claim must be supported with enough or sufficient evidence to prove that you are the first user of your mark.
However, it is advisable for you to register your trademark, since having a registered trademarks has helps gain many advantages:
– It provides prima facie evidence of ownership and validity
– It provides national protection
– It allows the owner to use “Registered Trademark” or other suitable terms or abbreviations to demonstrate the ownership of the trademark.
– It helps to prevent others from unlawfully using the trademark
– It allows the registrant access to bring actions in particular courts;
– It provides a defense to infringement;
– Enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark;
– It confers the ability to recover maximum monetary damages for infringement;
– It encourages licensees and provides the opportunity to generate royalties through licensing.
Please click here to know the fee of trademark registration in Malaysia. Also, you can visit here to see the procedures and required documents for trademark registration in Malaysia. Contact: Email
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