A trademark is the identity of your business or your products. It is a sign which distinguishes your goods and services from others. Usually, trademarks are used as a marketing tool to help customers recognize the products of a particular trader.
Trademarks can include words, logos, pictures, names, letters, numbers or a combination of these. It is governed by the Trade Marks Act 1976 and Trade Marks Regulation 1997 in Malaysia.
A registered trademark’s owner will have the exclusive right to use their trademark in business trading. Trademarks are different from the company registration name. A registered business name is simply a legal identity. Your trademark is your brand name and serves as a business tool.
Trade Mark Law
In accordance with the Trade Mark Law, trademark owners have the right to take legal action for infringement if their trademarks are used without consent. They can either take civil action or lodge a complaint to the Enforcement Division for appropriate actions under the Trade Description Act 1972.
A Registered trademark is a valuable asset that can be traded through licensing and franchising for commercialization.
Trademark registration is valid for 10 (ten) years from the date of application and may be renewed every 10 (ten) years.
As a reputable trademark agent in Malaysia, we at EXYIP are well-placed to guide you through the trademark application process.