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INTRODUCTION |
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A trade mark is used by a trader or services provider to identify his goods or services and to distinguish them from those of other traders. A registered trade mark is a legal right granted by the government. It gives the owner a statutory monopoly for the exclusive right to use the mark in the relation to the goods or services for which the mark is registered. |
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You may ask the following questions:
- Why I need that protection for my brand name, logo or slogan??
- If I do not register my trademark, so can I still use it in market??
- What are the advantages to register my trademark?? |
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You can find the answers at “Top 10 reasons why to register a Trade Mark” |
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Identifying a Registered Trade Mark |
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® and ™ are common symbols associated with trade marks.
® indicates that the mark is a registered trade mark and hence protected under the trade mark law.
™ is just a symbol used to indicate that the mark is being used by a company as a trade mark. It means the mark/brand has been filed and it is under process and being examined by the Registrar. |
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Registrable Marks |
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A trade mark can be letters, words, names, signatures, numerals, devices, brands, labels, tickets, shapes, colours, and images of packaging or any combination of these. For a trade mark to be registered, it must be distinctive and capable of distinguishing the goods and/or services of the owner from similar goods and/or services of other traders. |
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Unregistrable or unfavourable Marks |
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Descriptive Marks
Marks that describe the goods and services of the business. For instance, “Super”, “Best”, “One”, “Top”, “Clean”, “Perfect” and etc. |
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Direct reference to the goods & services provided
Marks that are direct refer to the goods and services provided. For example, the mark of “Book” cannot be used by a trader who is selling books or running a bookstore. |
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Marks Contrary to Public Policy or Morality
Marks that are generally contrary to public policy or morality. For example, a mark that could promote immoral behaviour cannot be registered. |
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Deceptive Marks
Marks that attempt to deceive or cause confusion to the public. For example, marks that misrepresent the nature, quality or geographical origin of the goods or services. |
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Marks that are Identical to existing registered Marks
A trade mark which is similar or identical to existing registered Marks which fall under the same class of goods or services. |
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Marks that are Identical/Similar to Well Known Marks
A trade mark may not be registered if it is identical or similar to an earlier mark that is well known in Malaysia. |
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