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INTELLECTUAL PROPERTY - Trademark Law
Related Topics : Communications Law . Computer Law . Copyright Law . Patent Law . Trade Secrets . Trademark Law . Industrial Design
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WHAT IS TRADE MARK ?

A mark is a sign which serves to distinguish the goods or services of an industrial or a commercial enterprise or a group of such enterprise. The sign may consist of one or more distinctive words, letters, numbers, drawings or pictures, emblems, colors or combinations of color, or the form or other special presentation of containers or packages for the product (provided they are not solely dictated by their function). The sign may consist also of combinations of any of the said elements.

WHAT THE TRADE MARKS ACT 1976 PROVIDES ?

Trade mark protection in Malaysia is governed by the Trade Marks Act 1976 and the Trade Marks Regulations 1997. The Act modeled along the Acts of some of the industrialized countries provides effective and adequate protection for registered trade marks in Malaysia.

Although in some countries and in some situations a mark may be protected without registration, it is generally necessary for effective protection that a mark be registered in a government office. If a trade mark is registered, no person or enterprise other than its owner or authorized users may use it, otherwise infringement actions can be taken against them. The protection of a trade mark is not limited in time, provided its registration is periodically renewed, every 10 years and its use continues. Amendments have also been made to the Trade Marks Act and Trade Marks Regulations to provide for the registration of Service Marks.

WHAT IS THE DIFFERENCES BETWEEN COPYRIGHT, PATENT AND TRADE MARK ?

Trade mark is different from copyright and patent. A copyright provides protection for an artistic or literary work. A patent provides protection for an invention. Unlike copyrights and patents, trade marks rights can last indefinitely, if the trade mark continues to be used.

WHO CAN REGISTER A TRADE MARK ?

Only the owner of the trade mark can register the trade mark. The owner can be an individual, partnership or a company.

WHAT SHOULD I DO TO FILE FOR AN APPLICATION ?

Please refer to our form section under Intellectual Property - Trade Mark Forms for further information and sample of corresponding forms.

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