1. What is trade mark?


A Trade mark is a mark which used or proposed to be used which distinguishes the goods or services of one trader from those of another. A mark includes a device, brand, heading, label, ticket, name, signature, words, letter, numerals or any combination of these.

2. Does Malaysian Trade mark registration give protection abroad?


No. If protection of trade mark is required in other countries, it will be necessary to apply for registration separately in each countries. However a Malaysia application can be used as basic for claiming priority in countries which are party to the Paris Convention and WTO.

3. How long registration process of a trade mark in Malaysia?


Usually the time frame involved in obtaining registration of a straightforward application is approximately 12 to 18 months. However, if the mark is not prima facie inherently registrable, additional documents will be required and the time frame for obtaining registration will then be difficult to estimate.

4. How long the validation of trade mark registration in Malaysia?


Trade mark registration in Malaysia is valid for ten (10) years from the date of application and may be renewed every ten (10) years.

5. What is patent and utility innovation?


A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solutions problem. While a utility innovation is an exclusive right granted for a “minor” invention which does not required to satisfy the test of inventiveness as required of a patent.

6. Why protect an invention?


A patent or utility innovation protection gives the exclusive right to stop others from manufacturing, using and/or selling the owner’s invention in country where it was granted.

7. How long the term of protection for patent and utility innovation in Malaysia?


A patent is protected twenty (20) years from the date of filing and utility innovation is protected 10 + 5 + 5 years from the date of filing upon proof of working.

8. What are the criteria taken to be granted a patent and utility innovation?


The criteria taken to be granted a patent are the innovation must be new (novelty), involved an inventive step, and be industrially applicable. While for a utility innovation to be granted it only has to be new (novelty).

9. What is an industrial design?

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features such as shape and configuration of an article, or two-dimensional features, such as pattern and ornamentation. The design features must be applied to an article by any industrial process or means of which the features in the finished articles appeal to the eye.

10. When should one file industrial design for registration?


As claim are based on a “first–to-file’ rule basis, filing of an industrial design should be made at the earliest possible time or before an article is disclosed to the public. Prior disclosure will destroy the novelty of the design. So extreme care should be exercised to ensure secrecy of the design.

11. What rights does a registered design confer?

A registered industrial design confers the owner of a registered design the exclusive right to make, import or sell or hire out any article to which the design has been applied. Other users should obtain the consent of the rightful owner before using the design. The owner of registered design has the right to take legal action against an infringer within 5 years from the act if infringement.

12. How long is the period of industrial design protection?


A registered industrial design is given an initial protection period of five (5) years from the date of filing and is renewable for further two (2) consecutive terms of five (5) years each.

13. How extensive is industrial design protection?


An industrial design registered in Malaysia in only protected in Malaysia. In order to have industrial designs protected in other countries, applications for registration will have to be filed within six (6) months from the earliest date when it was filed in any of the Paris Convention member countries.

14. What is a domain name?


A domain name is an internet address given to identify and to locate a specific web page. A domain name is comprised of two parts: a domain name, and what is called Top Level Domain (TLD, Top Level Domain). In the address http://www.ipbizssolutions.com, the domain name is "ipbizsolutions", and the TLD is ".com".

15. What are the Top Level Domain Names?

The TLD identifies the origin of a domain name. TLD are divided in two different kinds: Generic (gTLD) and Country Code (ccTLD). The gTLD (i.e.: .com,. net, org) are not associated with a specific country but instead they attempt to establish the character or nature of the site: com – commercial, net – networks, org – organizations. In turn the ccTLD, are indeed associated with a specific country, examples: my for Malaysia. They are commonly used to identify the location of the site

16. Why register a ccTLD?


When businesses are located in a specific country, they need to project the image that their products or services are satisfying the specific needs of the country. A good method to achieve this is through a ccTLD, which manifests and reveal a local character.

17. In what countries should I register?


A business should register its Domain Names in the countries in which it plans to develop. It is highly recommended for a business, planning to locate in a specific country, to register the domain in that country for future commercial presence. Otherwise the risk exists that a third party may reserve the domain name for its own use.

18. Can a Domain Name Be Registered as a Trademark?


Yes it can. It is highly recommended. By registering your domain as a Registered Trademark you protect not only the name of your domain, but you also avoid having third parties register similar domain names to your trademark.