Trademark FAQs
| What is a Trademark? |
| A trademark is a sign which distinguishes the goods and services of one trader from those of another trader within the marketplace. A sign can be a word, logo, picture, name, letter, numeral or any combination of these. |
| Why need to conduct Trademark searches? |
| In many countries, trademark office register mark without comparing them with the existing registered trademark earlier. You run the risk of infringing someone's mark if you do not conduct a trademark search prior to using a trademark in the particular marketplace. It would cost you to change your mark if there is an opposition from registered owner of the similar mark in the particular marketplace. |
| Why register Trademark? |
| A registered trademark gives the owner an exclusive rights to use the trademark in the particular marketplace. They also have the rights to take legal action under the Trade Mark Law against others trader who use or infringe their marks without the owner consent. Registration certificate issued by Registrar Office is a prima facie evidence of trademark ownership. A certificate of registration serves as an important document to establish the ownership of goods. |
| What is the term of a Trademark and its Renewal? |
| The protection of trademark begins on the date in which the application was approved and gazetted. A trademark registration in Malaysia is renewable every 10 years. |
| Is there an "International Trademark"? |
| No. A trademark registered in Malaysia is valid only in Malaysia. If you wish to export your products to overseas, a separate application must be made in each of the countries where you want seek protection. |
