How to Register a Trademark?
Trademark registration can be made with the Intellectual Property Corporation of Malaysia. The applicant must fill out the forms provided by the corporation and make the necessary payment. Registration can also be done through registered trademark agents with the corporation.
What is the difference between the TM and R symbols?
The (TM) symbol is usually used to indicate that a logo is being used as a trademark for a product or service. This symbol is also used to show that a logo is in the process of getting approval for registration from the trademark registrar’s office. The (R) symbol, on the other hand, indicates that a logo or trademark has been registered with the trademark registrar’s office. To use this symbol, the logo owner must have obtained a registration certificate from the registrar.
How long is the registration period valid?
Each registration is valid for a period of 10 years from the date of application. Each registration can be renewed every 10 years as long as the trademark is still in use.
Is trademark registration mandatory?
The answer is no. Trademark registration is not mandatory like company or business registration if you want to start a business. However, trademark registration for products and services is very important for obtaining exclusive rights to a trademark and for obtaining legal protection in the event of trademark infringements such as unauthorized use of the trademark, trademark imitation, and so on.
I have already registered with SSM, why do I need to register a trademark again?
Registering a company or business name with SSM (Companies Commission of Malaysia) or the Business Registrar does not automatically register the trademark/logo based on the company name. It needs to be registered separately with the Intellectual Property Corporation of Malaysia (MyIPO). For example, Maxis Communication Bhd has registered the Maxis trademark (based on the company name) with MyIPO.
Does the brand to be registered have to follow the SSM/Company name?
No, the brand does not need to be the same as the SSM or company registration. A company can register several different trademarks at the same time.
I have not yet registered my business with SSM, can I still register?
Yes, you can. Registration can be done using an individual’s name.
Is trademark registration in Malaysia valid worldwide?
No, it is only valid in Malaysia. If you want to get trademark protection abroad, it needs to be registered separately in each country. We offer services for registration abroad.
I have a brand and a logo, should they be registered separately or can they be combined?
Yes, the brand and logo can be registered together in one application.