A trademark, trade mark, or trade-mark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. A sign includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, color, sound, scent, hologram, positioning, sequence of motion or any combination thereof.

 

A trademark registration is valid for ten (10) years from the date of application (after registered) and renewable every ten (10) years.

 

Trademarks are territorial and need to be applied for in each country where protection is sought.

 

A trademark identifies the brand owner of a particular product or service. Trademarks can be used by

others under licensing agreements. Different goods and services have been classified by the 

International (Nice) Classification of Goods and Services into 45 Trademark Classes 

(1 to 34 cover goods, and 35 to 45 cover services). 

 

IMPORTANCE / ADVANTAGES OF TRADEMARK REGISTRATION

 

•   Owner of the registered trademark has an exclusive right to use of the trade mark.

•   Owner of the registered trademark has the right to initiate legal action against any infringer for unauthorized use of

    their trademark.

•  Owner of the registered trademark has the right to assign a registered user to use their trade mark.

 

TRADEMARK SYMBOLS

 

A mark used to distinguish particular goods/services from similar ones of other traders.

™ is the trademark symbol, which is the letters "TM", for an unregistered trademark, a mark used promote or brand goods or services.

®  is the trademark symbol, which is the letter "R" surrounded by a circle, for a registered trademark.

 

Refer to flowchart for trademark procedure in Malaysia.