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 abovementioned privileges are as follow:
- Exclusive Rights – Registered trademarks owners have exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.
- Legal Evidence – Registration certificate issued by Trademark Office is a prima facie evidence of trade mark ownership. A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.
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.
To get your mark registered by Trademark Office is not an easy task, your application may be rejected by Registrar during examination stage. 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.