What are trade marks?
In simple terms, a trade mark is the face of your product.
It helps people identify your product.
It differentiates your product from other similar products.
Why are trade marks important?
Exclusive Rights through Registration
Trade mark protection (by registering the trade mark) grants the owner the exclusive right to use the mark for the product/services under that registration.
With a renewal once every 10 years, trade mark protection is essentially perpetual!
They Help Sell Products & Services
As the face of your product/service, trade marks help identify and distinguish your products/services from that of your competitor.
Consumers often remember products/services by their brand name, it’s the easiest way!
Quality products/services lead to recognition, loyalty, and value being added to your brand (trade mark).
With good products/services comes loyalty and brand recognition, naturally! Consumers start to attach a particular quality and standard to your product/service.
Advertising, word of mouth marketing, and just plain loyalty to the product/service will help your brands become household names, and achieve well-known status!
Brand Association & Loyalty
Trade Marks in Malaysia
Key Points on the trade mark system in Malaysia:-
Act & Regulations – Trade Marks Act 1976 and Trade Marks Regulations 1997
Single Class System – an application means one mark in one Class
Classification – Malaysia utilizes the 10th edition of the Nice classification
Duration – Upon registration, a mark remains valid for ten years from the date of registration, and, with payment of renewal fees once every ten (10) years, may remain valid in perpetuity
Madrid System – Malaysia has acceded to the Madrid system on 27 September 2019
Malaysia's new Trademarks Act - Trademarks Act 2019 is anticipated to come into effect in the next 1 to 2 months. Read more here.
How do I file a trade mark in Malaysia
As with all IP rights, trade marks are territorial. This means registration in Malaysia is limited to coverage in Malaysia.
In order to file a trade mark in Malaysia, we will need the following:-
Name & Address of the Applicant
Representation of the mark
Class(es) of interest – You need to identify the categories of goods/services for which you seek trade mark protection
Specification – Based on the class(es) of interest, a specification with details of the specific goods/services in the chosen category (class) will need to be provided. We can of course assist in drafting the trade mark specification.
Statutory Declaration – A softcopy can be downloaded here.
How Advanz Fidelis can help
We have a full range of trade mark services that can cater towards your needs.
New business looking for brand protection?
Established business with valuable brands?
Multinational company with worldwide portfolio?
Small enterprise infringement issues?
We handle all of the above on a regular basis.
Talk to us today, and do allow us the opportunity to be of service.