Our consulting team does not include any attorneys; however we have extensively worked with attorneys on numerous projects. As a result, we understand the basic framework of what constitutes “legal” as opposed to “illegal”. Often times, this difference is nothing more than word choice.
When working with our team, you can rest assured that what we are building fits within the framework of legality.
Any name, word, number, logo, label, letter or a combination thereof may be registered as a trade mark so long as it fulfills certain requirements, namely:
• It cannot be confusingly similar to a previous or existing trade mark
• It must be distinctive
• It cannot be generic
• It cannot have direct reference to the character or nature of the goods/services
• It cannot be a geographical name or surname
• It cannot be deceptive or confusing
• It cannot be scandalous or offensive
At present, smells and sounds cannot be registered as a trade mark in Malaysia.
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 Marks 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.
We will always want to have an attorney give final review of your materials; however we can help with getting the materials to a point that the attorney has to do only a review and not a complete ground floor build up.
Contact us now.
