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


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