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A "trademark" is a
word, name, symbol, design or combination used by an individual or a business to identify
its goods or services. For example, FINMART
TM. In some cases a trademark
can also be a sensory mark – a sound, a color or a smell. While marks identifying
services rather than goods are technically referred to as "service marks" we
will use the term "trademarks" to include "service marks".
Trademarks protect names used to
identify goods (or services) and their source of origin. The law protects trademarks in
part because trademarked items tend to carry with them certain quality assurances –
for example, a flower pot carrying the "Cera
Jardine" trademark to be far superior to one carrying the
"Ramlan" trademark. You may use any kind of name or symbol as a trademark to
identify your product.
Trademarks can be registered in
Malaysia or in overseas countries. All trademarks registered in Malaysia are governed by
the Trade Mark Act 1976.
A mark is not eligible to be
registered if it is immoral, deceptive or scandalous matter, a name, portrait, or
signature identifying a particular living individual except with that individual's written
consent, a mark that resembles one already registered that is likely to cause confusion,
mistake or deception, a mark that is merely descriptive, or a deceptive mis-description,
of goods
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Generally no.
There are certain words you may be able to adopt as a mark for your own use, even though
you may not be able to register them as a trademark, and thus prevent others from using
the same or a similar mark. One of the important benefits of using a trademark that you
can register is that you may be able to exclude others from using it.
It is advisable you seek the
advice of a trademark agent whether you should register your trade mark because if your
product or service becomes successful, you will want to exclude others from copying not
only your idea but your name or mark! |
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Yes. A
company name may serve as or become a trademark if its affixed to goods (or "point of
sale" material) or used to identify a service (in advertising, on business cards or
letterhead) |
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1. Determine if the mark is capable
of registration and protection.
2.
Search to determine if someone already owns the mark.
3.
Use the mark as soon as possible.
4. Begin the
registration process for the mark as soon as possible, either on the basis of use (if you
have made use), or "Intent to Use" if you intend to use in the future. Remember
the "Intent to Use" law requires a "bona fide intent to use," whatever
that means. It is supposed to mean that you can't file a bunch of trademarks and
"warehouse" them, for purposes of later resale, if you have no real intent to
use them.
5. "Police
the Mark," i.e. set up procedures to watch for infringes and to take appropriate
action to get them to stop such infringing uses.
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Yes, but there
is a main conflict arises between trademarks and domain names (a domain name as equivalent
to a phone or fax number and is the code to be entered to find you on the Internet).
Domain names were originally registered through a procedure maintained by The National
Science Foundation's Internet Network Information Center (InterNic) which sold a monopoly,
that expired in 1999, to Network Solutions, Inc. to administer the registration procedure.
Now there are numerous accredited registrars for domain names.
If you own a valid trademark
registration you may be able to eliminate a domain name similar to your trademark and
adopted by a third party. Otherwise use of a trademark on the Internet is subject to
general US trademark law. The more difficult question arises where a user puts a trademark
on the Internet in a country where it has rights and it appears in a country where another
has rights.
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If someone
counterfeits marks, that is knowingly using an identical mark, there may be criminal
penalties, seizure of the goods, pre-judgment interest and damages.
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| Useful
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Intellectual Property Department of Malaysia
Intellectual
Property Rights -
Information on intellectual property rights in Malaysia. |
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Copyright
©2000-2006 FINMART.
All rights reserved. Legal Disclaimer
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