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.
Registering a trademark can help you protect your brand and build long-term business value.
Strengthen your legal rights against unauthorized use of identical or confusingly similar marks.
Grants you the exclusive legal right to use, license, and commercialize your brand name and logo.
Empowers you to take immediate legal action against counterfeiters and copycat competitors.
Builds verifiable brand equity that can be licensed, franchised, or pledged for business financing.
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.
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. |
Google; Ford |
|
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. |
|
|
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. |
|
|
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. |
(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. |
|
Others |
Smell Marks, Motion Marks, etc. |
Smell Marks, Motion Marks, Multimedia Marks, Position Marks, Pattern Marks. |
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.
If your product has a highly distinctive 3D shape or unique packaging that consumers immediately associate with your brand, it can be registered.
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.
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.
