Trademark is a form of intellectual property which includes any sign which is capable of being graphically represented and is able to distinguish one’s goods or services from others. It includes letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, colour, sound, scent, hologram, positioning, sequence of motion or any combination thereof.
There is no requirement for any business to begin using a trademark at any time.
However, the registration of a trademark is very much advised because such registration provides distinct benefits beyond those gained by those who have not undergone the process of trademark registration.
A trademark registration will grant the proprietor the exclusive rights to use, license or sell their mark in relation to the registered goods and services. The trademark proprietor may also initiate legal action or proceedings under the Trademarks Act 2019 against any unlawful use of their trademark or any trademark which is confusingly similar thereto.
Trademark Guidelines
| The Malaysian Trademarks Act 2019 provides that the following marks are registrable | The Trademarks Act 2019 also provides absolute and relative grounds where a trademark is not registrable |
|---|---|
| Trademark | Identical or confusingly similar with an earlier trademark |
| Certification mark | Likely to deceive or cause confusion to the public or contrary to any written law |
| Collective mark | Deceive or mislead the public as to the nature, quality or geographical origin of the goods or services |
| Contrary to the public interest or to morality | |
| Contains or consists of any scandalous or offensive matter |
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