Trademark Law - Why register trade mark ? Type of trade marks cannot be registered. Changing name or address of trade mark applicant.

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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 SHOULD TRADE MARKS BE REGISTERED ?

It provides exclusive rights of the user of the trade mark for the goods services which was applied for registration. The registration is an evidence to the owner or the registered proprietor of the trade mark to claim exclusive rights to the use of the trade mark in Malaysia.

WHAT TYPES OF TRADE MARKS CANNOT BE REGISTERED ?

If the representations contain the following, a trade mark will not registered :

His Majesty the Yang Di Pertuan Agong
Their Royal Highnesses the Sultans
Their Excellencies the Yang DI Pertua Negeri
National Flower and Mosque
Royal Imperial Arms, Crests or Insignia
Red Crescent, Geneva Cross and other representations of the Red Crescent, the Geneva and other crossed in red
Swiss Federal Cross in white or silver on a red ground or such representations in similar colour or colours

In addition, trade marks cannot contain the following words (in any language)

Red Crescent
Geneva Cross
Royal
Imperial
Any wording which would amount to a false trade description or which would cause confusion with a previously registered mark.
Any wording which is scandalous or offensive
Any wording which would create the impression the applicant has or recently had Royal authorization or patronage, regardless of whether it is true.

Trade marks will not be registered if they consist only of :

Numbers, letters or full names in plain lettering
Names of geographic locations
Shapes of the product
Words which describe the goods

HOW LONG IS THE TERM OF REGISTRATION ?

Trade mark registration is valid for 10 years from the date of the application. An application for renewal of registration may be made at the end of the ten years period and thereafter every ten years.

WHAT IF THE TRADE MARK IS ASSIGNED ?

If the trade mark is acquired by assignment, either during the pendency of the application or after registration has issued, a copy of the assignment must be filled with the Registry.

WHAT IF THE APPLICANT'S NAME OR ADDRESS CHANGES ?

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

MAY I CONDUCT A SEARCH BEFORE A TRADE MARK APPLICATION IS FILE ?

Yes, an applicant may check to see if there are previously registered trade marks or trade marks that are pending before the Registry which are similar to the mark it seeks to register. This may be done at the Registry in Kuala Lumpur.
Intellectual Property Division,
Ministry of Domestic Trade and Consumer Affairs
32nd Floor, Menara Dayabumi
Jalan Sultan Hishamuddin
50622 Kuala Lumpur,
Malaysia.

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