After incorporating your company, you can proceed to trademark your company’s logo or symbol. One of the reasons to trademark your logo or symbol is to ensure that other brands do not have the rights to your brand identity. Any similar brand icons could potentially be damaging to your business, should that company has an unfavourable reputation.
What is a Trademark
A trademark is a symbol which serve to differentiate the goods or services created or offered by one business from those of other firms. There is no requirement for any business to begin using a trademark at any time. However, the registration of a trademark is very much advised because such registration provides distinct benefits beyond those gained by those who have not undergone the process of trademark registration.
Pro Tip: In the business world, the concept of trademarks is an extremely important one. Some people believe that their trade name will eventually be known as a trademark by registering their business in the company registry of a particular country. This is false and a common misconception because a trade name is not the same as a trademark.
They therefore serve to establish the image and reputation of the goods of the business. This would then lead to consumers developing an attachment to certain brands based on several desired qualities and characteristics embodied in those trademarks. Trademarks also provide an opportunity for businesses to continuously preserve, improve, and enhance of the quality of their products in order to maintain the positive reputation of items bearing the company’s name.
Due to the value and importance of a trademark in determining the market success of a product, it is essential for every company in Malaysia to ensure that all trademarks related to the company have been registered accordingly.
Trademark Protection in Malaysia
In Malaysia, trademark rights can be gained by registration. To register for trademark rights, one is required to submit the relevant application form (Form TM5) to the Intellectual Property Corporation of Malaysia (MyIPO). Doing so will bring about the registration of a trademark in Malaysia.
How to Select a Suitable Trademark
Selecting a suitable trademark is crucial because a trademark is an important element in the marketing strategy of any company. Trademarks which are fit for use are those which fulfil:
All registration requirements of the country in which the company conducts business operations;
Are not overly similar to any existing trademarks related to similar or identical products;
Is appropriate for all media types;
Can easily be written and described;
Is simple for one to remember;
Is devoid of any negative connotations in any languages; and
Can be used for the registration of a website domain name for the company in question
McDonald’s “I’m Lovin’ it”
Nike’s “Just Do It”
The Process of Registering a Trademark in Malaysia
The first step of registering a trademark in Malaysia is that of application. When a person makes such an application, some of the details to be included are:
The applicant’s contact details,
A graphic summary of the brand,
Details about the goods or services for which the trademark will apply, and
After MyIPO accepts a request, it assigns a submission code. MyIPO will take further steps to record a trademark, of which the first is a formal review. This formal review causes the correct execution of the application form (TM5) and payment of the approved charge to be reviewed by MyIPO.
The formal review is followed by a substantive examination. During this phase, MyIPO examines the application in order to ensure that all legal registration requirements have been fulfilled.
MyIPO will then send either a letter of approval (TM29 form) or a letter of protest (TM70 form). Should all matter in this phase be duly completed, the applicant will then be required to pay a prescribed publication fee of RM450.
After these payments are made and all necessary accompanying images have been provided, the trademark will be published in Warta Kerajaan (Government Gazette). At this point, anyone who plans to reject the registration of the trademark has a period of two months to do so. Once there are no remaining objections, the trademark will be licensed and the applicant will receive a registration certificate.
The newly registered trademark will be active for 10 years from the date of application. Registered trademarks in Malaysia can even be renewed on a permanent basis if the trademark has not been used for a duration of three years.
Length of Trademark Registration in Malaysia
The length of registering a trademark takes roughly eighteen months.
Why does it take so long to Register a Trademark in Malaysia and what is the procedure like?
As it takes roughly eighteen months to register a trademark, those who would like to register a trademark in Malaysia are encouraged to apply as soon as possible. The procedure takes so long to ensure that once it is registered in the system, it stays there with no mishaps.
The procedure can be summarised as follows (taken from MyIPO website):
What is the Cost of Trademark Registration in Malaysia?
Depending on the fee code, the application cost for a trademark can either be 900RM (TMA2A) or 1100RM (TMA2B).
However, there are certain costs which are to be taken into consideration at all times due to their importance. The production of a symbol to be used as a trademark may be of significant costs if such production is outsourced. Trademark acquisition costs may also apply. These costs include the fees payable to MyIPO during the submission of an application as well as after the acceptance of the publication application.
Having a trademark is what differentiates your business from others. It is especially important for industries where there are numerous substitutes available. Every business should regardless try to register for a trademark, it is your intellectual property in which you should uphold.
The legal validity of a trademark which has been registered is usually limited to the territory in which the trademark was registered. Therefore, a trademark which has been registered in another country is usually not valid in Malaysia.
For how long are Registered Trademarks in Malaysia protected?Tiwi2020-04-29T11:31:44+08:00