What is a Malaysian Trademark?
First and in simple terms, a Trademark can be a word (may be many), logo design, or slogan that identifies and distinguishes the source of goods of one entity from those of another. It could refer to a good or a service. Under the Madrid Protocol which Malaysia has subscribed, non traditional marks like 3D, sound, smell, color and hologram can be trademarked.
To put it simply, a trademark is a marking to be used on a particular item of good, the purpose being to identify it as being produced from a certain entity. When you sell a product, you have to identify it as yours, from your factory or whatever. You trademark it so that if people wants to buy back the same good, due perhaps to its quality, all they have to do is to search for the marking, instead of searching for you, whom they might not know of. It is a trader's invention, so if you tradeamrked a certain item, others can't use your trademark in the goods made by them. In other words, no copying and riding on someone else's goodwill. If you sell something, trademark it and when your brand is well received, your trademark will become a valueable intellectual property. Of course you have to put in the effort.
What are the criteria of a Malaysian Trademark?
According to the Malaysian Patent and Trademark Office a trademark will have these features:-
"A trade mark is a sign which distinguishes the goods and services of one trader from another. A mark includes words, logos, pictures, names, letters, numbers or a combination of these." and "A trade mark is used as a marketing tool to enable customers in recognizing the product of a particular trader".
Trademark registration offers you an exclusive right and extends to you a protection from infringers for a period of ten years, extendable for another ten years upon payment of renewal fees.
The Malaysian Trademark is governed by the "Trade Description Act 1972," and Trademark Bill 2019.
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