What is a trademark?
A trade mark is a sign capable of distinguishing the goods or services produced or provided by one enterprise from those of other enterprises.
In Malaysia, any distinctive words, letters, numerals, devices, brands, headings, tickets, names, signatures, labels or combinations used to distinguish goods or services may be considered a trade mark. Marks in other languages are also registered, provided that a certified translation and translation are provided.
Why is it necessary to register a Trademark in Malaysia?
A Trademark registered in India will not protect the trademark in a foreign country. Trademarks are territorial, its protection valid only within the borders of the territory/country where they are obtained registration. Hence, you need to register for a trademark in Malaysia. A registered Trademark confers the following rights:
- The exclusive right to use the registered trademark
- The right to license other third parties to use the trademark
- The right to bring a cancellation action against a later conflicting registration
- The right to oppose later conflicting applications
- The right to obtain damages for infringement
- The right to sue for infringement against confusingly similar third party trademark use
- The right to apply for seizure by customs authorities for importation of counterfeit goods
Points to consider while selecting a Trademark in Malaysia:
- Trademark of choice shall meet all the legal requirements for registration.
- Trademark search to ensure that it is not identical or confusingly similar to existing trade marks for identical or similar products.
- The trademark must be easy to read, write, spell and remember and is suitable to all types of advertising media.
- The trademark must not have any undesired connotations in your own language or in any of the languages of potential export markets.
- Check that the corresponding domain name (i.e. Internet address) is available for registration.
Why Ebizfiling as your service provider for your Trademark registration in Malaysia?
EbizFiling.com is an eminent business platform and a progressive concept, which helps with end-to-end incorporation, compliance, advisory, and management consultancy services to clients all over the world. Registering a Trademark in Malaysia is easy, seamless, cheapest and quickest with us. We can help with the trademarks and logo registration in Malaysia, the UK, EU, USA, and many other offshore countries. To apply for trademark registration in Malaysia online you may get in touch with our compliance manager on 09643203209 or email info@ebizfiling.com for free consultation.