Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
SMEs
i at ion
IP S rent
trat d iffe
egie uct image
s o d
Pr and
r
& b
p ort
sup
e to s
c us ines
eg i us
at ’s b
Str pany Enhance company’s
com ls competitive & market position
goa
Benefits of strong
Brands Differentiation
brand image Powerful Marketing
From
•Premium prices & Promotion Competitors
•Customer satisfaction, Tool
trust & loyalty
•Credible Badge
•Recognisable Prevent
Of
Consumer
•Exploitation opportunities Quality &
Confusion
Assurance of Consistency
Criminal Remedies
Trade Descriptions Act 1972 Trade Marks
Consumer Protection Act 1999
Companies/Business
Domain Name
•SSM Names
•Registry of Companies •.com.my
•Registry of Businesses •First come first served
•No cross check •MYNIC
with MyIPO
Registry’s
Confirmation of
Application
Reconsideration
by Registrar If
Registrar
accepts
application
after Application
Acceptance
hearing Lapses/
Abandoned
Advertisement in
Government Opposition
Gazette
Issuance of
Registration Hearing by Refusal of
Accept Registrar* Refuse Registration*
Certificate
Renewal
* An appeal may be made to the High Court against the decision of the Registrar
EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP II)
From clearance to
registration
Screening/ Identification/
Clearance Selection
Searches at
MyIPO, SSM,
Internet, trade
Maintenance inquiries Filing
10 years
from filing
date,
renewable
every 10
years Registration Prosecution
EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP II)
Why Register A Trade Mark?
• Is registration compulsory? NO
• Advantages:
– Cheaper and simpler to enforce
– Gives proprietor the exclusive right to use
mark on goods/services covered by
registration
– Entitles proprietor to prevent unauthorised
use of identical or confusingly similar mark
for same goods or services
– Easy proof of ownership
– Registration itself a property, even without
use
EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP II)
What is a Trade Mark?
A mark includes “a device, brand, heading,
label, ticket, name, signature, word, letter,
numeral or any combination thereof”
A trade mark means a mark used or
proposed to be used in relation to goods
or services for the purpose of indicating a
connection in the course of trade between
the goods/services and the person having
the right to use the mark to be registered
• ™ = trade mark
right is claimed,
pending mark
Commercialization
Protection
Policing/
Management/ Enforcement/
Audit Dispute Resolution
Record
Retention
Policy
Protection
Exploitation Transactions
Enforcement Extent of use
A&P
Ownership
Parent,
Subsidiary
Business Goals,
Plans &
Directions Export Strategy
& Potential
export markets
Clearance & Protection
before launching products
overseas
Marketing Strategy
•Local distributor
•Licensing
Trade Marks of third parties in this presentation belong to the respective owners and are used
solely for non-
non-commercial purposes