Trademark Search

Trademark rights may be acquired through registration and common law first use. A registered trademark serves as a clear indication to the public and trade that the trademark belongs to a proprietor. As such, it is important to file a trademark application when you intend to use and build your brand in the marketplace.

Prior to filing a trademark application, it is advisable to seek professional advice on whether the trademark is inherently distinctive and capable of registration as well as to conduct a trademark search to identify any potential risks of refusal or conflicts arising from existing similar trademarks.

Trademark Application

When you are the bona fide proprietor of a trademark, whether already in use or intended to be used in your business, you may apply for registration in Malaysia. Upon filing, the application will undergo a formality examination to check on compliance with the applicable regulations. In the event of any formality refusals, it is important to respond within the stipulated time to avoid the application being deemed as withdrawn.

Trademark rights are territorial in nature. Protection obtained in one country does not automatically extend to another. Accordingly, businesses with plans for regional or international expansion should consider conducting availability searches and securing trademark registrations in the relevant jurisdictions where protection and commercial growth are intended.

For more insights on trademarks, please visit our newsletter page.