September 14, 2023 In Trademark, Trademark Malaysia

Criterion To Qualify Trademark Registration In Malaysia

For any business selling their products and/or services to the public of Malaysia or any part of the world must have the rights to protect them. Upon trademark registration in Malaysia, the owner of the mark gets exclusive rights over the products and services. The owner of the Malaysian trademark then gets the rights to take legal actions against those who do any wrongful use of the registered trademark. Through trademark registration in Malaysia, businesses can take legal action against the products and/or services that have a confusingly similar mark.

Without Malaysian trademark protection, it would be really hard for the businesses to defend their products and/or services from being misused by any third party. Trademark registration in Malaysia gives the business owner a legal backing to support the business identity using the mark.

Factors to be considered for the products and/or services to qualify for the trademark

There are a few criteria that the products and/or services must follow to qualify the trademark registration in Malaysia:

  • The products and/or services need to be sufficiently differentiable for it to be considered Malaysian trademark registrable.

  • The products and/or services must visibly have qualities that clearly differentiates and defines them from other products and/or services.

  • The trademarks must not include surnames or any geographical names.

  • Your product and/or service will not be eligible for trademark registration in Malaysia if it is confusingly similar to any prior trademarks

  • The word or illustrations to be trademarked must not violate any of the accepted norms or religion.

So, do consider these factors as you move forward with the trademark registration procedure in Malaysia.