Learning the Types of Trademarks and How to Use Them

[David White]

Trademarks are used to differentiate such goods or services from those manufactured or supplied by a particular undertaking. There are, however, some conceptual variations between trademark application and registration types.

1.Certification Trademarks

Certification marks shall be provided for conformity with specified requirements but should not be limited to any membership. Certification marks can be used by someone who conforms with the criteria set down by the owner of the certification mark. A significant criterion for certification marks is that an organization filing for approval is found to be "qualified to certify" the products involved.

2.Well-known Trademarks

'Well-known marks' are marks which the competent authority of the country in which protection for the mark is sought considers to be well-known. Well-known trademarks usually benefit from enhanced protection. Besides, while these are generally protected against similar-sounding marks only if they are used for equivalent or related products. The primary function of these additional protections is to protect these brands from a free ride on the public image of a well-known mark and/or causing damage to their reputation or image.

3.Defensive Trademarks

When a trademark registration has become well-known, the owner of the mark may register the mark as a defensive mark. A defensive trademark should be an invented word or phrase and its entry cannot be withdrawn from the register on basis of non-use. Therefore, under such circumstances, the owner may take infringement action rather than the more unpredictable, expensive, and long-term action.

Usage of Trademarks

Before you use a trademark, you must apply for trademark registration in Malaysia. But you should guarantee that the mark is used after confirmation. A trademark that has not been used for 3 years since registration may be deleted from the Register.

Using as TM or ®?

The use of ®, TM, or similar symbols besides a trademark is not a prerequisite and does not offer any extra-legal security in general. Nonetheless, it can be a simple way to tell someone that a certain sign is a trademark, and it is registered, thus alerting future infringers and scammers. Once the trademark is registered, the ® symbol is used, while TM signifies that a given sign is a trademark; SM is often used for service marks.

How to use trademarks when advertising?

Without a simple or standardized remedy, the use of trademarks on the Internet has posed a range of contentious legal issues. The problem that trademark rights are regional (that is to say, they are covered only in the country or territory where the trademark has been licensed or used) is a critical topic, whereas the scale of the Internet is worldwide. This causes complexities when it comes to resolving disputes in separate countries between individuals or firms legally possessing identical or remarkably similar marks for analogous products or services.

If the mark is registered with a particular template or font, then for advertising and promotional purposes, make sure the mark is used exactly as it is registered. Control its use closely as it is important for the reputation of the goods of your business.

Looking to get trademark registration in Malaysia for your business? Then, visit Mandreel - Malaysia Trademark Registration on MyIPO to help you with the trademark registration process.

Reference:

Mandreel Agency: Registration of Trademark in Malaysia