Are you a business owner or creative designer looking to protect your brand's identity and reputation?
If yes, this article is a right fit to discover the benefits and process of trademark registration!
In this article, we will discuss how to register a trademark in Malaysia and the benefits of doing so.
Why is trademark registration important?
Before we dive into the registration process, let's talk about why trademark registration is important. Simply put, trademark registration protects your brand. It gives you the exclusive right to use your mark in connection with your goods or services. If someone else tries to use your mark without permission, you can take legal action against them. This is important because your brand is what distinguishes you from your competitors. It is your unique identifier in the market, and it's what your customers associate with your products or services.
Trademark registration also makes it easier for you to enforce your rights. If you don't have a registered trademark, it can be challenging to prove that you have exclusive rights to use your mark. This can make it difficult to stop others from using your mark or to prevent them from registering a similar mark.
Should I register a trademark for my logo or business name?
As a designer or business owner, you might be wondering whether you should register a trademark for your logo or business name. The answer is a resounding yes! Registering a trademark has many benefits that you cannot afford to ignore.
Here are some of the benefits of trademark registration:
Protect Your Rights
Trademark registration gives you exclusive rights to use the mark and prevent others from using a similar mark or confusing consumers. If someone else uses your trademark without permission, you can take legal action to stop them and claim damages for any loss or harm caused to your business.
Prevent Trademark Squatting
Trademark squatting is a common practice where someone registers a trademark that is similar to an existing trademark or well-known brand to exploit its value. If your trademark is taken by someone else, the only way to get it back is through court litigation, which can be very costly and time-consuming.
Establishes Credibility and Brand Awareness
A registered trademark is an intangible asset that helps establish your brand’s credibility and reputation in the market. It distinguishes your products or services from your competitors and helps build brand awareness, trust and customer loyalty. Consumers tend to trust and prefer brands with registered trademarks as they perceive them to be more reliable and trustworthy.
Licensing Opportunities
Registering a trademark in Malaysia not only provides protection for your brand but also opens up opportunities for licensing and commercialization. Once you have a registered trademark, you have the exclusive right to use and license it for commercial purposes. This means you can grant licenses to other businesses or individuals to use your trademark in exchange for royalties or other forms of compensation.
Licensing your trademark can be an effective way to expand your brand's reach and generate additional income. For example, you can license your trademark to third-party who wish to operate under your brand name and business model, and you may charge the licensee for royalty or profit sharing in return.
How to register a trademark in Malaysia?
Now, let's talk about the registration process.
The first step in registering a trademark in Malaysia is to conduct a trademark pre-filing search. This is important to ensure that there are no similar marks already registered or pending registration. It is not enough to find out that the exact name has not been registered; we should always look for similar marks too.
The search will help you avoid infringement of existing trademarks and save you time and money in the long run. You can perform the search online using the MYIPO website or seek advice from a competent Trademark Agent to conduct a comprehensive search on your behalf.
If the search results are favourable, the next step is to compile the following information:
1. List of goods or services
2. Owner’s name and address
3. Softcopy of the trademark
Once you have this information ready, you can file the trademark application form TMA2 with the Intellectual Property Corporation of Malaysia (MYIPO). While you may submit the application yourself, it is highly recommended to seek advice from a competent Trademark Agent. The registration process involves highly technical legal issues that may affect your trademark rights, and a Trademark Agent can guide you through the process and ensure that your application meets the legal requirements.
After the application is filed, MYIPO will take about 9 to 12 months to examine your application. During this period, you can use the TM symbol on your trademark. If the application is approved, the trademark will be advertised in the MYIPO IP Journal. If there's no opposition to the registration within 2 months from the advertisement date, the trademark will proceed to registration. However, if the trademark is objected by MYIPO or opposed by a third party, then you will have to contest the objection or opposition which will take longer time and costs.
Once a trademark is registered, you may use the ® symbol. The registration of the trademark lasts forever, provided it is renewed every 10 years.
In conclusion, registering a trademark in Malaysia is a crucial step for any business, especially for creative designers who rely on their unique designs and brand identity. Trademark registration provides a wide range of benefits that not only protect your brand’s identity but also enables you to enforce your legal rights against any unauthorized use or infringement. It is advisable to seek the services of a competent trademark agent who can assist you with the registration process and provide you with the necessary advice on the legal and technical aspects of the registration process. Remember, registration of a trademark lasts forever, provided it is renewed every 10 years. So, don’t wait any longer and start protecting your brand identity today!
Rtist Contributor :
Lawrence Tan
Malaysian Trademark, Patent & Industrial Design Specialist
Managing Director
