The term Trademark signifies anything in the configuration of an image, text, words, letters, numbers, color combination or coalition of these elements which distinguishes a business unit, product or service from competitors, especially in the same industry. Trademark is exclusive right granted by the State to the owner of the mark which is registered in the General Register of Marks for a limited period, in which he shall himself use the mark or grant permission to another party to use it. Trademark right prevent others from using the same mark but it does not provide prevention from manufacturing or selling same product or service under different mark.

Types of Trademark:
  1. Simple Trademark: a mark that is used on goods traded by a person or by several persons jointly or a legal entity to distinguish the goods from other goods of the same kind.
  2. Service Mark: a mark that is used for services traded by a person or by several persons jointly or a legal entity to distinguish the services from other services of the same kind.
  3. Collective Mark: a mark that is used on goods and/or services having the same characteristics that are traded jointly by several persons or legal entities to distinguish the goods and/or services from others of the same kind.
Advantages of Trademark Registration
  1. Prevents others from using similar mark.
  2. Trademark registration significantly increases the value of a brand to potential purchasers, and hence helps be the first choice to customer
  3. Registration of Trademark allow its owner to take legal action against infringers.
  4. Trademark can be assigned, transferred or licensed to another party for commercial gains.
A Trademark cannot be registered if it contains one of the following elements:
  1. If its neglect the prevailing rules and regulation, morality of religion or public order;
  2. Has no distinguishing features;
  3. Has become public property; or
  4. Constitutes information or related to the goods or services for which registration is requested.
Documents required for the registration of Trademark are as follows:
  1. Fully filled and duly signed application form
  2. Receipt of fee payment.
  3. Copy of Article of Association (Akta Pendirian Perusahaan) and Deed of Establishment (SK Kehakiman) of relevant Company.
  4. 5 pieces of brand in hardcopy and softcopy on CD in JPEG format with minimum and maximum size of 2X2 cms and 9X9 cms respectively.
  5. Original Power of Attorney letter if the application is being filed through registered agent.
  6. Copy of regulation on use of collective trademark, if the trademark being applied will be used as a collective trademark.
Validity of Trademark

The trademark is valid for 10 years from the date of receipt of application and can be extended for same period of time on expiry.

Trademark Registration Procedure

Trademark Flowchart