What is Trademark
"Trademark" is defined as any sign capable of being
represented graphically, which is capable of distinguishing goods
or services of one undertaking from those of other
undertakings1.
Such signs include any letter, word, name, signature, numeral,
device, brand, heading, label, ticket, shape of goods or their
packaging, colour, sound, scent, hologram, positioning, sequence of
motion or any combination thereof.2
In Malaysia, trademark matters are governed by the Trademarks
Act 2019 ("TA 2019"), the Trademarks
Regulations 2019 as well as the relevant case law (related to
trademark) decided by the courts.
Registering a Trademark
Registration of a trademark is not necessary, but is highly
advisable. This is due to the fact that the statutory rights
granted under the TA 2019 to the owner of a trademark apply only to
registered trademarks. This includes the right to commence
trademark infringement action against the alleged trademark
infringer.
