What is a trade mark?
A trade mark is a name, brand or logo that can be used to identify and distinguish your goods or services from those of another person.
What can be protected as a trade mark?
Any name, word, number, logo, label, letter or a combination thereof may be registered as a trade mark so long as it fulfills certain requirements, namely:
- It cannot be confusingly similar to a previous or existing trade mark
- It must be distinctive
- It cannot be generic
- It cannot have direct reference to the character or nature of the goods/services
- It cannot be a geographical name or surname
- It cannot be deceptive or confusing
- It cannot be scandalous or offensive
At present, smells and sounds cannot be registered as a trade mark in Malaysia.
How long does registration take?
From the time your application is filed, it takes about 2-3 years for the Certificate of Registration to be granted (assuming a smooth process). If there are objections or oppositions, the process will be slowed down considerably.
How long does registration last?
Upon grant, your trade mark will be valid for 10 years from the date of filing. Upon expiry you may renew your trade mark for subsequent periods of 10 years each. So long as your trade mark is continually renewed, it can be valid indefinitely.
Does Malaysia accept priority applications?
Yes, Malaysia has ratified the Paris Convention. Priority applications are accepted as long as they are filed within 6 months from the date of the priority application.
If you would like a more comprehensive fact sheet which lists down the filing requirements as well as the costs of registering a trade mark, click here.