What is a trademark?

A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

What is a service mark?

A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

What is the difference between TM, SM and "R"?

TM is used to indicate a trademark, and SM to indicate a servicemark. When a mark is registered, it turns into “R”, the symbol used to indicate a registered trade or servicemark.

Can I use the "R" symbol before my mark is registered?

No, it is illegal in Malaysia (and most other countries) to use the registered trademark symbol “R”, unless you have received your certificate of registration.

If my trademark is registered in one country, is it protected worldwide?

No, you need to register your trademark in every country that you wish to seek IP protection. However, a Malaysian application can be used as a basis for claiming priority in countries which are parties to the Paris Convention and WTO. The registration process and fees vary from one country to another.

How long does the application process take?

This varies depending on which Classes you are registering your trademark. In general, the entire process takes between 13-18 months. However, if there are any objections or complications, the time taken may be longer.

Once registered, how long does my trademark last?

Your trademark will be valid for 10 years from the date of application. After that time, you may renew your trademark for a further 10 year period, at a time.


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