The trademark or brand name of a product is same like a name of a person. Why our parent gives name to us? How will you address a people if he/she do not have name? These tell you why trademark and brand name exist.
A person may not have the right to own solely their name even the leader of a country, but, a person has the right to monopoly the brand name through registering trademark. Through this, you may be able to restrict the use of similar mark by other parties. No similar mark = no public confusion. Once your brand name become famous, that is yours!
- May be regarded as brand name
- Can be a name, phrase, logo, symbol, design, image, 3D, a combination
- Used to identify and differentiate product/service provided by business entity
No similar mark = no public confusion. Once your brand name become famous, that is yours!
Types of Trademark:
SMarks used to distinguish certain goods as produced by a specific enterprise.
SMarks used to distinguish certain services as provided by a specific enterprise
SMarks used to distinguish goods or services produced or provided by members
SMarks used to distinguish the goods or services that comply with a set of standards and have been certified by a certifying authority.
SMarks that are considered to be well-known in the market and as a result benefit from stronger protection.
- Invented words
- Names of person / firm / company mentioned in a specific manner
- Applicant’s signature
- Words with no direct relation to goods / services, geographical name or surname
- Any distinctive sign such as logos, pictures and symbols
- Not deceptive or confusing, contrary to law and scandalous or offensive
- Not identical / similar to earlier registered/ application trade mark
- Not identical / similar to well known trade mark
Not Registrable Trademarks:
- Patent, by Royal letters Patent, Registered, Registered Design and Copyright His Majesty Yang di-Pertuan Agong, Her Majesty Raja Permaisuri Agong, The royal Highness Sultans and their Excellencies Yang di-Pertua Negeri
- Royal or Imperial Crowns, Arms, Crest, Armorial bearings
- The Royal Malaysian Army and Royal Malaysian Police
- Red Crescent, Geneva Cross in red and Swiss Federal Cross in white or silver on red ground
- Words or representation of ASEAN and National Flower