Business registration is a must for a new set up company or enterprise to enter the market. However, trademark registration is optional for a company to register their company’s name or brand name or any other own representatives such as symbol, logo, phrase, design, image, 3D or a combination.

Business registration will not give you any protection to the name you are using. As long as your company is not having the name same with the existing business, then you will be allowed to register. However, trademark registration gives you the legal protection to the name or logo you registered. After registration, people are not allowed to use and register the name or logo which is same or similar to the existing trademark owner. Once you are using it, the owner of the name or logo will have the right to sue you for infringement.

Common word is being regarded as the word which can be found in the dictionary. Common word is not allowed for trademark registration. For example, the word ‘CREATIVE’ can be found in the dictionary with the meaning of ‘able to create’. Thus, this word is not allowed to register since everyone can use it.

The period of protection varies, but a trademark can be renewed indefinitely on payment of additional fees.

An application for registration of a trademark must be filed with the appropriate national or regional trademark office. The application must contain a clear reproduction of the sign filed for registration, including any colors, forms, or three-dimensional features. The application must also contain a list of goods or services to which the sign would apply.The sign must fulfill certain conditions in order to be protected as a trademark or other type of mark. It must be distinctive, so that consumers can distinguish it as identifying a particular product, as well as from other trademarks
identifying other products. It must neither mislead nor deceive customers or violate public order or morality.

Yes, you are able to stop others from registering your trademark if you had the evidence to do so. When you discovered that others are registering your trademark or registering the trademark which is similar to yours, you may within a period of 2 months of advertising Government Gazette filing a letter of opposition to stop the registration. It is recommended for the opposition to be done within the 2 months filing period. This is because the opposition after the registration is difficult to be done.

No. If you only registered your trademark in Malaysia, you will not get the same protection in other countries. However, if you need the protection from other countries, then you may register your trademark in that particular country.