Malaysia trademark registration is governed by the Trade Marks Act 1976 (TMA) and the Trade Marks Regulation 1997 (TMR). The TMA came into force on 1st September 1983, while the TMR, which repealed the initial Trade Marks Regulations 1983, was enforced on 1st December 1997.
With effect from 1 December 1997, service marks are also registrable. For convenience, the term "trade mark" when used herein also includes "service mark" unless indicated otherwise. Any mark used/proposed to be used in relation to goods or services to indicate a connection in the course of trade between the goods or services and the person having the right to use the mark can be registered. In this regard "mark" includes any device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these elements. Marks in other than English or Malay are also prima facie registrable although certified translation and transliteration of the marks will be required to be furnished.
I. Functions of Malaysia Trademark
Origin Function - A Malaysia trademark helps to identify the source and those responsible for the products and services sold in the market.
Choice Function - A Malaysia trademark enables consumers to choose goods and services with ease while shopping.
Quality Function - Consumers choose a particular trade mark for its known quality.
Marketing Function - Malaysia Trademarks play an important role in advertising. Its normal for consumers to make purchases based on continuous influence of advertising.
Economic Function - Established trademark is a valuable asset. Trademarks may be licensed or franchised.
II. Classification of Goods and Services
The Trade Marks Registration Office generally follows the International Classification of Goods and Services under the Nice Agreement (also known as the Nice Classification), which sets out forty-five (45) different classes of goods and services. The listing of goods or services is very important as the use of the trade mark will be limited to such goods or services as listed in the application.
III. Conditions on Applicant
Any person (an individual, corporation or business) who claims to be the bona fide proprietor of the mark may apply for trade mark registration.
IV. Terms of Duration
After the trade mark is registered, a certificate of registration will be issued to the applicant. The Malaysia trademark registration is valid for ten years from the date of application and it is renewable indefinitely every ten (10) years.
If you have further enquire, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Malaysia Office hotline by 603- 2141 8908 or email to firstname.lastname@example.org.
Add: Unit 6.06, Level 6, Amoda 22, Jalan Imbi, 55100, Kuala Lumpur, Malaysia
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