MALAYSIA TRADEMARK
Definition:
A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services. A sign includes words, logos, labels, names, letters, numbers or a combination of the above.Criteria:A trade mark has to fulfil the following conditions in order to claim protection.
- it must be distinctive
- it cannot be generic
- it cannot be deceptively similar to a previous or existing trademark.
- It cannot be a geographical name or surname
- It cannot be deceptive or confusing
- It cannot be scandalous or offensive
- it cannot have direct reference to the character or nature of the goods/services
Membership:
Malaysia is a member of the Paris Convention from 1989, whereby applications from convention countries will be subject to the same priority date in Malaysia. The application for priority has to be made within six months of the first application in a convention country.Eligibility:The owner of the mark is the only competent person to file an application for the registration of a mark.Applicants not residing or carrying on business in Malaysia, have to nominate a Malaysian Registered Trademark agent to act on their behalf.Rule of Priority:"First to Apply" is the rule followed by Malaysia in determining priority of trademarks.
Procedure
Malaysia Trademark: Application Procedures1.SearchingThis is the first step before an application is made for the registration of a trademark. Although a prior search is optional it helps in determining the existence of previous marks.2.ApplicationEvery applicant is required to submit an application containing the following information.
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