TRADE MARK
General Info
WHAT IS A TRADE MARK?
A trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes words, logos, pictures, names, letters, numbers or a combination of these.
A trade mark is used as a marketing tool to enable customers in recognizing the product of a particular trader.
FUNCTIONS OF TRADE MARK
Origin Function - A trade mark helps to identify the source and those responsible for the products and services sold in the market.
Choice Function - A trade mark enables consumers to choose goods and services with ease while shopping.
Quality Function - Consumers choose a particular trade mark for its known quality.
Marketing Function - Trade marks play an important role in advertising. Its normal for consumers to make purchases based on continuous influence of advertising.
Economic Function - Established trade mark is a valuable asset. Trade marks may be licensed or franchised.
IMPORTANCE OF TRADE MARK REGISTRATION
Trade marks registration provides for:
Exclusive Rights - Registered trade marks owners have exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.
Legal Evidence - Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership. A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.
DOES MALAYSIAN REGISTRATION GIVE PROTECTION ABROAD?
No, if protection of trade mark is required in other countries, it will be necessary to apply for registration separately in each countries. However, a Malaysian application can be used a basis for claiming priority in countries which are party to the Paris Convention and World Trade Organization (WTO).
DURATION OF REGISTRATION
Trade mark registration is valid for ten years from the date of application and may be renewed every ten years.
WHO MAY APPLY?
Any person, whether Malaysian citizen or not, who is the owner of the trade mark used, or proposed to be used, by him in the Malaysia, may apply for the registration of a trademark in this country.
HOW TO APPLY?
Before Applying - Applicants are advised to make search before submitting applications to avoid applying for identical or similar to trade marks filed earlier. All searches can be done at Public Search Room, MyIPO. A fee rate of RM10 per hour will be charged.
Application Form (TM5) - All applications must be made in Form TM5. Five copies of the completed TM5 must be submitted together with the prescribed fee. For different marks, separate applications must be filed.
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Forms & Related Fees
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CLASSIFICATION OF GOODS AND SERVICES
"The applicant is not encouraged to list or claim the entire class heading of each class of goods or services in the application form . Class headings only serve as general indications of the type of goods or services and may not cover all the goods or services in the class. You should itemize the specification of goods or services of your interest in the application."
CLASS 1
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry
CLASS 2
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists
CLASS 3
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices
CLASS 4
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting
CLASS 5
Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides
CLASS 6
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
CLASS 7
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
CLASS 8
Hand tools and implements (hand-operated); cutlery; side arms; razors
CLASS 9
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus
CLASS 10
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials
CLASS 11
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
CLASS 12
Vehicles; apparatus for locomotion by land, air or water
CLASS 13
Firearms; ammunition and projectiles; explosives; fireworks
CLASS 14
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments
CLASS 15
Musical instruments
CLASS 16
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks
CLASS 17
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
CLASS 18
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
CLASS 19
Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal
CLASS 20
Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
CLASS 21
Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
CLASS 22
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials
CLASS 23
Yarns and threads, for textile use
CLASS 24
Textiles and textile goods, not included in other classes; bed and table covers
CLASS 25
Clothing, footwear, headgear
CLASS 26
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
CLASS 27
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)
CLASS 28
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees
CLASS 29
Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats
CLASS 30
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice
CLASS 31
Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt
CLASS 32
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
CLASS 33
Alcoholic beverages (except beers)
CLASS 34
Tobacco; smokers’ articles; matches
CLASS 35
Advertising; business management; business administration; office functions
CLASS 36
Insurance; financial affairs; monetary affairs; real estate affairs
CLASS 37
Building construction; repair; installation services
CLASS 38
Telecommunications
CLASS 39
Transport; packaging and storage of goods; travel arrangement
CLASS 40
Treatment of materials
CLASS 41
Education; providing of training; entertainment; sporting and cultural activities
CLASS 42
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software
CLASS 43
Services for providing food and drink; temporary accomodation
CLASS 44
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services
CLASS 45
Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals
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Trade Mark Statistics
APPLICATION AND REGISTRATION OF TRADE MARK FROM 1983 - JULY 2009
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Flowchart
Trade Mark Application Procedure
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Source: http://www.my-hut.com/default2.asp?tree=558
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