Trade
Mark
9. What is the term of registration
of a trade mark?
The trade mark will be registered for ten
(10) years from the date of the application.
It may be renewed every (10) years.
10. Must a trade
mark be registered?
Registration of trade marks is not compulsory.
The owner of a registered trade mark may rely
on its certificate of registration and institute
proceedings for infringement against any person
using his mark without his consent. If he
has not registered his trade mark he may bring
proceedings for passing-off by showing use
of and reputation build around his trade mark.
11. What legislation
governs trade marks?
- The Trade Marks Act 1976
- Trade Marks Regulations
1997
12. Are there
any useful web sites on trade marks?
2 useful web sites are: -
http://www.mipc.gov.my/
http://www.wipo.org/classifications/en/nice/about