To en sure your mark is successfully registered by Trademark Office. We are here to provide a solution for you by giving a professional advisory to you. JasCal Management & Consultancy provides pre-analysis & advice before
proceed to your trademark application. We will analyze any possibility problems which may occur during examination stage. We are able to help you navigate through the trademark strength spectrum to select a strong, protect-able trademark.
Trademark is a sign that distinguishes the goods and services of one trader from another trade. A mark can be a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these. By
having a trademark on the products or services, consumers can identify the origin of products or services. This will help the consumers to choose their preferred products or services easily as they might have recognize a certain trademark
for its known quality. When a trader advertises and promotes their products, trademark play an important role for consumers to make purchases through the continuous effect of A & P program.The privileges of intellectual
propriety in relation to a trade mark may be established through actual use in the market and registration with Trademark Office. The above-mentioned privileges are as follow.
Hence, a carefully selected and nurtured trademark is a valuable business asset for most companies. Recognized trade mark is a valuable asset. Trade marks may be licensed or franchised. Failure to protect your trademark can be dangerous
to your business. The first applicant to file for a particular trademark usually gets it registered. If someone else has registered your trademark, they may prevent you from using the same and also gain all the benefits of your
goodwill that your trademark has obtained over many years.
In the midst of acceding to the Madrid Protocol, a new trademark bill (“the bill”) was tabled in the Malaysian Parliament on 11 April 2019. The bill was approved with some amendments by the Lower House (Dewan Rakyat) on 2nd July 2019 and the Upper House (Dewan Negara) on 23rd July 2019. The introduction of the bill seeks to replaced Trademark Act 1976 (Act 175). Finally, Trademark Act 2019 (Act 815) was enforced on 27 December 2019.
Some of key changes in the new act are as follow:
TRADEMARK ACT 1976
Registration only for conventional trademarks.
Nb: Conventional Trademark- Device, Brand, Heading, Label, Ticket, Name, Signature, Word, Letter, Numeral, Any combination of these
Registration for conventional trademarks and also non-conventional trademarks.
Nb: Non-Conventional Trademark- Color, Sound, Scent, Hologram, Positioning, Shape of goods or their packaging, Sequence of motion, Any combination as long as the mark is capable of being represented graphically and meets the usual test for registrability that the mark is capable of distinguishing the owner’s goods or services from those of others.
International trademark registration procedure is not available. Single filing procedure filed for Malaysia only. Anyone seeking to register a trademark overseas must register the trademark separately in each country where trademark protection is required.
Trademarks Act 2019 followed the recently-adopted Madrid System (Madrid Protocol), adopted in Madrid on June 27, 1989. The system, an international treaty administered by the WIPO, is a centralised filing system which streamlines the process of obtaining and maintaining trademark registration in all member countries.
Introduction of international trade mark registration procedure i.e. a single filing procedure for a trade mark across various other jurisdictions within the Madrid system.
Applicants will only need to fill a single application with MyIPO to register their local brands in countries participating in the protocol.
The new Act allows trademark owners to seek protection in several countries (up to 122 countries including the United States, Australia, the United Kingdom and Brazil) simultaneously by filing one application with a single office, in one language and by paying one fee.
Single filing procedure for single-class
Single filing procedure for multi-class
Protection of certification trademark only
Protection of collective trademarks and certification trademarks.
No longer available