TRADEMARK
A trademark is a sign that distinguishes a trader's goods or services from others, including words, logos, pictures, names, letters, numbers, or combinations. It serves as a marketing tool to help customers identify a trader's products.
Importance of Registration
- Exclusive Rights - registered trademark owners have exclusive rights to use their marks in trade and can take legal action against unauthorized use under trademark law. They may pursue civil action or file complaints with the Enforcement Division under the Trade Description Act 1972.
- Legal Evidence - a registration certificate issued by the Registrar's Office serves as prima facie evidence of trademark ownership and is a crucial document for establishing ownership of exported goods.
Duration of Registration
Valid for ten years from the date of application and may be renewed every ten years.
Who May Apply
Any person, whether Malaysian citizen or not, who is the owner of the trade mark used, or proposed to be used, by him in the Malaysia, may apply for the registration of a trademark in this country.
How to Apply
- Applicants should conduct a search before submitting applications to avoid filing for trademarks that are identical or similar to existing ones. Searches can be done at the Public Search Room, MyIPO, for a fee of RM20 per hour.
- All trademark applications must be submitted using Form TM5. Five completed copies of TM5 must be provided along with the required fee, and separate applications are needed for different trademarks.
COPYRIGHT
Copyright grants the owner exclusive rights for a specific period and is governed by the Copyright Act 1987 in Malaysia. There is no registration system for copyright in the country.
A work becomes automatically protected by copyright once the following conditions are fulfilled :
- sufficient effort has been expected to make the work original in character
- the work has been written down, recorded or reduced to a material form
- the author is qualified person or the work is made in Malaysia or the work is first published in Malaysia
What Does Copyright Protect
Works eligible for copyright protection include :
- literary works
- musical works
- artistic works
- films
- sound recordings
- broadcasts
- derivative works
Who Owns Copyright
Copyright initially belongs to the author (e.g., writer, composer, or creator). However, if the work is created during employment, copyright typically belongs to the employer or the person who commissioned the work, unless otherwise agreed. Copyright can be transferred through assignment, a will, or by law, making the transferee the new owner.
What Are The Legal Rights of Copyright Owners
Copyright owners of literary, musical, or artistic works, films, and sound recordings have exclusive rights to control the use of their works, whether copied partially or entirely. Copyright infringement occurs if the claimant can prove that their work has been used without permission. The burden of proof lies with the person claiming infringement.