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A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.
Trademarks in Malaysia are governed by the Trademarks Act 1976 and the Trademarks Regulations 1997.
The subject matter protected by the Trademarks Act 1976 is a trade mark defined as “a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and a person having the right either as a proprietor or as a registered user to use the mark whether with or without an indication of the identity of that person”.
By conducting trademark searches, we advise clients on whether their marks would face objections or refusals on relative or absolute grounds and whether their marks are registrable or protectable under the Trademarks Act 1976.
The initial registration of a trade mark is valid for 10 years beginning from the date of filing of the trademark application. The trademark registration can be renewed for further terms of 10 years each, subject to use of the mark in commerce.
To understanding more about trade mark application procedures in Malaysia, please refer to the book entitled “Making a Mark” that WIPO commissioned our Managing Director Mr. Tan Sin Su to write for SMEs in Malaysia.