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What is a trade mark & what is a service mark? |
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A trade mark is a distinctive symbol (e.g. a word, logo, numerals, device, label, and so on) that identifies particular goods of a trader to the general public. A trade mark is also used to indicate the origin of goods and to distinguish one person's goods from that of his competitor. Similarly a service mark is a logo or mark used by the proprietor in any service industry (e.g. entertainment, transportation, travel agents, etc.) to identify the particular service provider from others. |
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2) |
Why is trade mark or service mark registration so important to you? |
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Because once a trade mark/service mark is registered, it is prima facie proof of ownership of the trade mark/service mark. The proprietor of the registered trade mark/service mark will then have all the benefits, remedies and protection afforded by the Trade Marks Act 1976. |
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3) |
When should you apply for registration of a trade mark/service mark? |
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As soon as your mark is being used or intended to be used, it must be noted that an early application is advisable because the date of registration dates from the day on which the application is lodged. Earlier applications have prima facie priority over later applications. |
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4) |
Does a trade mark or service mark registration in Malaysia give protection overseas? |
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No, a mark registered in Malaysia only gives protection in Malaysia. If you intend to export your goods overseas, a separate application must be made in each of the foreign country where you want to seek protection. |
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5) |
What is the difference between ® and TM? |
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The ® is the universally recognized symbol for a registered trade mark, whereas TM is a symbol commonly used to indicate that the user considers a word, a combination of words or a logo to be a trademark. |
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6) |
How long does it take to issue an examination report by the examiner in Malaysia? |
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After the lodgment of an application with the Malaysian Intellectual Property Office (MyIPO), the examiner will usually take about 12 months to issue the first examination report. |
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7) |
How long is a trade mark or service mark registration valid for? |
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Under the Trade Mark Regulations 1997, the trade mark or service mark registration is valid for ten (10) years from the date of application and is renewable for successive periods of every ten (10) years on payment of a renewal fee. |
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8) |
Can you assign a trade mark or service mark when it is still pending registration? |
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Yes. You can assign the mark while the application is pending or after registration. You need to file a copy of the assignment with the Malaysian Intellectual Property Office (MyIPO). However, if the trade mark is still pending registration, the assignment will only take effect upon the registration of the mark. |
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