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
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