What is a Trademark?

A trademark is a sign that distinguishes the goods and services of one trader from those of others.
Trademark Protection

What is a Trademark?

A trademark is a distinctive sign that identifies and distinguishes the goods or services of one enterprise from those of others. Typically, trademarks can consist of words, logos, letters, numerals, distinctive packaging shapes, colours, or sounds.

To qualify for statutory protection in Malaysia, a trademark must be inherently distinctive and capable of being represented graphically.

Benefits of Trademark Registration

Registering a trademark can help you protect your brand and build long-term business value.

01

Protect Your Brand

Strengthen your legal rights against unauthorized use of identical or confusingly similar marks.

02

Exclusive Commercial Monopoly

Grants you the exclusive legal right to use, license, and commercialize your brand name and logo.

03

Infringement Prevention

Empowers you to take immediate legal action against counterfeiters and copycat competitors.

04

Valuable Business Asset

Builds verifiable brand equity that can be licensed, franchised, or pledged for business financing.

Brand Identity

Distinguish Your Business

For a sign to be registered as a trademark, it must be capable of being represented graphically. Registration provides exclusive rights and legal protection against infringement.

  • Graphical Representation
  • Exclusive Usage Rights
  • Brand Value Protection
  • Legal Infringement Defense

Types of Trademarks & Examples

Type of Trademark
Famous Examples
Word(s)
Apple, Cathay Pacific, Garden, Octopus, SaSa
Letters, numerals or a combination
HSBC, MTR, 737, 759, A380, 3M
Names (Individuals or Characters)
Batman, McDull, Walt Disney
Shape
Hennessy's bottle for cognac, the sphere of Sony Mobile
Colour(s)
The red arc of Citigroup
Sound
Intel's Bong jingle
A trademark can also be composed of any combination of words, indications, designs, characters, colours, sounds, smells, or packaging.

Documents Required for Registration

Document / Item
Details
Trademark Image
Soft copy (JPEG). Four black & white prints, plus fifteen color prints if the mark is in colour.
Scope of Protection
A detailed list of the products or services to be covered in the application.
Applicant Proof
Copy of the Certificate of Incorporation (CI) or Business Registration Certificate (SSM). Individual applicants must provide a clear copy of their NRIC or Passport.
Priority Document
If claiming priority, this can typically be filed within 3 months of the application date.
Power of Attorney (POA)
An authorized POA letter as required by some specific countries or regions.
TRADEMARK CLASSIFICATIONS

Types of Trademarks

A trademark can be much more than a business name or logo. Depending on the jurisdiction, different types of distinctive signs may qualify for trademark protection.

Mark Type Definition & Registration Tips Examples

Word Marks

A word mark protects distinctive words, letters, numbers or phrases used to identify a brand. It is commonly used for brand names, product names and slogans.

Trademarks can also consist of words or characters in other languages, including Chinese characters.

Google; Ford
759; 3M

小米 Xiaomi;
阿里巴巴 Alibaba

Tips: 1. Protecting a brand name as a word mark can provide flexibility in how the name is displayed.
2. Local-language brand names may also require separate protection in certain markets, particularly Mainland China.

Logo Marks

A logo mark protects distinctive visual elements of a brand, such as a symbol, graphic or stylised design.

(Nike Swoosh)
(Nike Swoosh)
(Apple logo)
(Apple logo)
Tip: If your brand name and logo are both important and may be used separately, consider protecting them separately.

3-D Shape Marks

A shape mark can protect a distinctive three-dimensional shape associated with a product or its packaging.

(Coca-Cola contour bottle, 3-dimensional shape)
(Coca-Cola contour bottle, 3-dimensional shape)
(Toblerone packaging)
(Toblerone packaging)
Tip: Not every shape is registrable. The requirements vary by jurisdiction.

Colour Marks

A distinctive colour or combination of colours may qualify for trademark protection where it functions as an indicator of commercial origin.

Colour marks can be more difficult to register than conventional word or logo marks and may require evidence of acquired distinctiveness.

(Tiffany Blue)
(Cadbury Purple)

Sound Marks

A Sound Mark is a type of trademark where a sound is used to uniquely identify the commercial origin of products or services.

Intel's Bong jingle
Intel's Bong jingle

Others

Smell Marks, Motion Marks, etc.

Smell Marks, Motion Marks, Multimedia Marks, Position Marks, Pattern Marks.

Beyond Traditional Logos

Words & Numerals

The most common forms of trademarks. They protect the actual text, letters, or numbers associated with your brand, regardless of the font or styling used.

Shapes & Packaging

If your product has a highly distinctive 3D shape or unique packaging that consumers immediately associate with your brand, it can be registered.

Sounds & Colours

Non-traditional trademarks like a specific jingle, a unique corporate colour, or even a distinctive smell can be registered if they graphically represent your unique brand identity.

Start Your Application

Ready to secure your brand identity?

Whether you have a traditional word mark, a distinctive logo, or a unique brand color, our team can help you prepare the required documents and file your application globally.