Registered Trademark Agent

What Is a Trademark?
Trademark is defined as – a word, symbol or phrase, used to identify a particular manufacturer or seller’s product and distinguish them from the products of another. Prime examples of a trademark include the Nike name and the Nike swoosh. A trademark can be used to identify a service in addition to a product or company. 
 
To qualify as a trademark – a mark must be distinctive – and must identify the particular source of a service or product. To be considered distinctive, a trademark must fit into one of four categories – arbitrary or fanciful, suggestive, descriptive or generic. Here is a closer look at what each trademark category requires.
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• Arbitrary or Fanciful – Trademarks in this category have no obvious relationship to the product they represent, but are distinctive and are capable of being used to identify specific products. A key example of this category is the Nike swoosh.

• Suggestive – A suggestive trademark uses its design or name to suggest specific qualities or traits of the product that it represents. Netflix is a good example of a suggestive trademark.

• Descriptive – A trademark that falls in the descriptive category is – you guessed it – descriptive. Descriptive trademarks provide a direct description of the product and its underlying traits that may not be as obvious with other categories. American Airlines is an example of a descriptive trademark.

• Generic – A generic trademark is NOT entitled to protection under trademark law and is a trademark that describes a general category of product, like the word computer. In trademark law, a generic term is too general or universal to be used to identify a specific product.

 
Why Should You Register Your Trademark?
Do you have a one-of-a-kind product or service that you wish to trademark? To register a trademark means you gain national recognition and rights that will protect your trademarked products or services. When a trademark is registered, you gain legal protection against counterfeit and fraud – a process that Yeong & Associates can help with.
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When you register a trademark with the Malaysia Intellectual Property Office (MyIPO), it must first match the criteria listed above to qualify for protection. Additional criteria that a trademark must meet includes:

• ​It must be graphically represented; and

• It must not be offensive and contrary to public morality

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When it is time to register your trademark, a trademark law attorney – like Yeong & Associates in Kuala Lumpur – may be able to help. You may find specific criteria that your trademark must meet and there will always be legal hurdles along the way. Enlist Yeong & Associates to help you navigate the legal waters and protect your products and services. 
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