Trade Mark Registration in Malaysia
Trademarks are made up of images, logos, words, names or
other unique parts of a company or business. The brands have been in Malaysia
for 10 years with the possibility of renewing the brand for 10 years. Once
registered, you have the words or images and you have protection if an
individual company uses the same image or brand. Although the Malaysian trademark
is protected in Malaysia, it is not transferred to other countries.
The Function of Trade Mark
The main function of the brand is to enable consumers to
identify a product (be it a product or a service) of a company in order to
distinguish it from other identical or similar products provided by
competitors. Users who are satisfied with a product will probably buy or use
the product again in the future. To do this, they must be able to easily
identify identical products.
Is It Mandatory to Register A Trademark?
In Malaysia, registration is not required to establish the
rights of trademarks, nor use the required marking. An unregistered trademark
can still be protected by the usual law known as "deterioration".
However, it is strongly recommended that you register your trademark, because
the registration offers several benefits that exceed the rights acquired
through the use of the trademark.
Trademark Registration Process
In Malaysia, the registration of a trademark is very simple
and does not take much time to complete the registration. Document requests are
shown below –
- 5 copies of TM5, filled with a trademark, filed on each copy
- You must first complete and submit 5 forms listed as TM5
- Original copy of the mandatory declaration with the mark applied to it.
- 1 copy of form 49 / form D / company data from the company registrar, if the registration is done with the company name
- One copy of a request for a priority date document.
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