Entry 12

While I was at BS1 FUU doing some past year papers and studying for final exam, I saw a friend using a Macbook. I saw the Apple logo and thought that "hey, I think this logo must be a trademark for Apple." so I searched about trademarks in Malaysia. I found that trade mark protection is governed by the Trade Marks Act 1976 and the Trade Marks Regulations 1997.

The Act provides protection for registered trade marks and service marks in Malaysia. Once registered, no person or enterprise other than its proprietor or authorised users may use them. Infringement action can be initiated against abusers. The period of protection is ten years, renewable for a period of every ten years thereafter. The proprietor of the trade mark or service mark has the right to deal or assign as well as to license its use.

In accordance with TRIPS, Malaysia prohibits the registration of well-known trade marks by unauthorised persons and provides for border measures to prohibit counterfeit trade marks from being imported into Malaysia.

Malaysia accedes to the Nice and Vienna Agreements on 28 June 2007 which was enforced on 28 September 2007. Nice Agreement is concerning the International Clasiffication of Goods and Services for the purpose of the registration of marks whereas the Vienna Agreement establishes a classification for marks, which consist of or contain figurative elements. Both agreements are significant to facilitate trade mark registration.

As with patents, while local applicants may file applications on their own, foreign applicants will have to do so through registered trade mark agents.

source: https://www.mida.gov.my/home/intellectual-property-protection/posts/