Classes of trademark

Classes of trademark
http://www.myipo.gov.my/web/guest/cap-kelas

CLASSIFICATION OF GOODS AND SERVICES

The applicant is not encouraged to list or claim the entire class heading of each class of goods or services in the application form . Class headings only serve as general indications of the type of goods or services and may not cover all the goods or services in the class. You should itemize the specification of  goods or services of your interest in the application."

CLASS 1
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry

CLASS 2
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists

CLASS 3
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices

CLASS 4
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting

CLASS 5
Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

CLASS 6
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores

CLASS 7
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.

CLASS 8
Hand tools and implements (hand-operated); cutlery; side arms; razors

CLASS 9
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.

CLASS 10
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials

CLASS 11
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes

CLASS 12
Vehicles; apparatus for locomotion by land, air or water

CLASS 13
Firearms; ammunition and projectiles; explosives; fireworks

CLASS 14
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments

CLASS 15
Musical instruments

CLASS 16
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks

CLASS 17
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal

CLASS 18
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery.

CLASS 19
Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal

CLASS 20
Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics

CLASS 21
Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes

CLASS 22
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials

CLASS 23
Yarns and threads, for textile use

CLASS 24
Textiles and textile goods, not included in other classes; bed and table covers

CLASS 25
Clothing, footwear, headgear

CLASS 26
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

CLASS 27
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)

CLASS 28
Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees

CLASS 29
Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats

CLASS 30
Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.

CLASS 31
Grains and agricultural, horticultural and forestry products not included in other classes; live animals; fresh fruits and vegetables; seeds; natural plants and flowers; foodstuffs for animals; malt.

CLASS 32
Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.

CLASS 33
Alcoholic beverages (except beers)

CLASS 34
Tobacco; smokers' articles; matches

CLASS 35
Advertising; business management; business administration; office functions

CLASS 36
Insurance; financial affairs; monetary affairs; real estate affairs

CLASS 37
Building construction; repair; installation services

CLASS 38
Telecommunications

CLASS 39
Transport; packaging and storage of goods; travel arrangement

CLASS 40
Treatment of materials

CLASS 41
Education; providing of training; entertainment; sporting and cultural activities

CLASS 42
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software

CLASS 43
Services for providing food and drink; temporary accomodation

CLASS 44
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services

CLASS 45
Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals

INTERNATIONAL CLASSIFICATION OF GOODS AND SERVICES

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Copyright

Copyright

How should people ensure they are protected against copyright infringement?

Copyright protection is governed under the Copyright Act 1987. There is no formal system of registration of copyright in Malaysia. The Copyright Amendment Act 2012 which came into operation on March 1, 2012, seeks to put in place a mechanism for a Register of Copyright which will contain all particulars relating to the copyright in a work.

It is advisable to document each creation of work which is eligible for copyright and affirm a statutory declaration stating the ownership and subsistence of copyright in the work. The statutory declaration is admissible in any proceedings in court and is prima facie evidence of the facts as stated therein.

What are the key challenges to copyright holders in your jurisdiction?

Enforcement of copyright by the owner has become more challenging, with infringers becoming more sophisticated due to the advancement of technology. This has increased the commercial trade of pirated goods by leaps and bounds.

What is the best way to deal with infringement?

Acts of infringement are actionable under criminal or civil actions. A civil mode of action is appropriate when the identity of the offending party is known and when they are financially able to pay any damages and costs sought by the copyright owner. Criminal prosecution under the Copyright Act 1987 grants the police and the enforcement division wider enforcement powers to enter premises when there is reasonable cause to suspect that the premises houses infringing copies, or equipment to make such copies.

The Amendment Act also seeks to extend the police’s rights to access computerised or digitalised data during an investigation. In addition, the Amendment Act includes prohibitions on recording of films on camcorders and a limitation on Internet service provider liability.

Counterfeiting

How big a problem is counterfeiting in your jurisdiction?

Counterfeiting activity affecting both international and domestic businesses has increased at an alarming rate, and has become a major concern in Malaysia. Apart from the infiltration of counterfeit branded goods including fashion, luxury wear and electronic and communication equipment, traditional health products and medicine have also been subject to imitation.

What are the best strategies for dealing with the problem?

An ideal strategy would be to work towards improving the public enforcement machinery with the setting up of special task forces and a more fully integrated enforcement system that combines the efforts of customs with enforcement under the Ministry, revenue collecting and consumer protection agencies and the IP owners in conducting raids and exercising border measure controls, in order to reduce the infiltration of counterfeit goods into the country.

While Malaysia is still perceived as one of the major transit ports for counterfeit goods, the Malaysian government’s efforts to curb counterfeits goods have been applauded internationally. In October 2011, the government launched a central database listing of the particulars of registered trademark holders (Basket of Brands) that would enable the enforcement division to take proactive measures against infringers of trademarks which are already on this list.

General

Are there any legislative changes to the IP regime that would make life easier for businesses?

The Trade Descriptions Act 2011 (which replaced the Trade Descriptions Act 1972) which came into force on November 1, 2011 is a powerful tool. A registered trademark owner may apply to the High Court for a trade description order so as to enlist the services of the enforcement division to conduct raids. Under the new act, the validity period of a trade description order has been reduced from five years to one year.

Karen Abraham jointly heads Shearn Delamore & Co’s IP and IT departments. She can be contacted at: karen@shearndelamore.com

Jyeshta Mahendran is a partner in the IP department of Shearn Delamore & Co. She can be contacted at: jyeshta@shearndelamore.com

Business brief, IP rights

Patents

Patents

How do you register or secure patent rights, and is national or international coverage most appropriate?

Patent protection can be secured by filing a patent with the IP Corporation of Malaysia (MyIPO) where the application will be examined to ascertain whether it meets the requirements of registrability under the provisions of the Patents Act 1983 and the Patents Regulations 1986. A patent has to be new, has to involve an inventive step and must be industrially applicable in order meet the condition of registration. Once granted, a patent is valid for a period of 20 years from the filing date.

Malaysia also acceded to the Patent Cooperation Treaty (PCT) on May 16, 2006. This has enabled Malaysian patent right owners and companies to take advantage of the PCT filing system, filing and prosecuting patent applications and protect inventions internationally. The PCT system further simplifies the procedure for foreign applicants who wish to protect their patents in Malaysia.

Where can you find information on existing patents in your jurisdiction?

It is advisable to conduct a search in order to ascertain whether an invention is new prior to filing the patent. A search on Malaysian patents can be conducted at the public search room at MyIPO or via the Internet on the Patent and Trade Mark Administration System (PANTAS) for searches on earlier Malaysian patent documents.

What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent? Key threats to a patent owner are the risk of a patent being invalidated and the risk of infringement of their patents. Disclosure of an invention prior to filing the patent is a common mistake among patent owners as such a disclosure can affect the novelty requirement.

Securing a patent and taking proactive steps to avoid the patent from being vulnerable to patent invalidation suits are also concerns for patent owners. Companies should be aware that ignorance of the existence of a patent right may not be a defence to infringement.

Embarking on a patent litigation suit at first instance may be very costly. Sending a cease and desist letter to the wrongdoer is a pre-contentious measure which could be self-funding as damages and cost could be sought. Other preemptive measures should also be considered.

Have there been any changes to the patent law in the last 18 months?

On February 15, 2011, amendments were made to the patent regulations to introduce the provision of expedited examination, whereby applicants may request approval to undertake an expedited examination after 18 months from the priority date or filing date of the application, which helps reduce the time frame for obtaining patent registration.

http://www.worldipreview.com/article/business-brief-2012-malaysia

Trademarks

Trademarks

How do you register or secure trademark rights and what protection does it grant?

The registration of trademarks is governed under the Trademarks Act 1976 and the Trademark Regulations 1997. An application to register a trademark can be made by any party claiming to be the bona fide owner of the mark.

Registration of a trademark provides exclusivity to the registered proprietor to use the mark on the goods or services for which the mark is registered, and the prima facie right to take legal action under trademark infringement against wrongful use of the registered mark, or any confusingly similar mark, in relation to the goods or/services in respect of which the mark is registered. The trademark is protected for a period of 10 years and can be renewed every 10 years thereafter.

If the trademark is not registered, the proprietor of the mark will have to rely on the common law remedy of passing off; this involves the owner of the mark establishing its rights through evidence, which is more burdensome and expensive to establish.

What are the key threats to trademark owners?

A key threat to trademark owners is the unlawful misappropriation of their trademark rights, which has become ever more frequent with the growth of the online trading environment.

What are the most common mistakes trademarks owners make?

A common mistake of trademark owners is to invest in product development, branding and the marketing of their products only to realise later that the trademark is not available for use and registration. Adopting a brand protection and registration strategy, including an emphasis on pre-filing searches in the local and foreign trademark registers, is an important consideration before embarking on a new brand.

Have there been any changes to the trademark law in the last 18 months?

Expedited examination of trademark applications was introduced on February 15, 2011. Online filing of trademarks and patents has also been implemented. Malaysia is expected to accede to the Madrid Protocol in 2013.

An expected and significant change to the trademark legislation is the introduction of non-traditional trademarks which would expand the definition of a trademark to include 3D marks, colour, smell, sound and other non-conventional marks.

How to register a trademark ?

How to register a trademark ?
http://www.ehow.com/how_6668826_register-trademark-malaysia.html
https://iponline.myipo.gov.my/iponline/
Must use Internet Exploer to register online. Pay RM370 for TM05
Must take out shield (by clicking on shield logo on top right) for Google Chrome  to do a search
6744 009
http://www.marcaria.com/register/step3/tm_certificate_step3.asp?country=Malaysia


Read more on IP online
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General Information

WHAT IS A TRADE MARK?

A trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes words, logos, pictures, names, letters, numbers or a combination of these. A trade mark is used as a marketing tool to enable customers in recognizing the product of a particular trader.

FUNCTIONS OF TRADE MARK

Origin Function - A trade mark helps to identify the source and those responsible for the products and services sold in the market. Choice Function - A trade mark enables consumers to choose goods and services with ease while shopping. Quality Function - Consumers choose a particular trade mark for its known quality. Marketing Function - Trade marks play an important role in advertising. Its normal for consumers to make purchases based on continuous influence of advertising. Economic Function - Established trade mark is a valuable asset. Trade marks may be licensed or franchised.

IMPORTANCE OF TRADE MARK REGISTRATION

Trade marks registration provides for: Exclusive Rights - Registered trade marks owners have exclusive right to use their marks in trading.  They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972. Legal Evidence - Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership.  A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.

DOES MALAYSIAN 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 Malaysian application can be used a basis for claiming priority in countries which are party to the Paris Convention and World Trade Organization (WTO).

DURATION OF REGISTRATION

Trade mark registration is valid for ten years from the date of application and may be renewed every ten years.

WHO MAY APPLY?

Any person, whether Malaysian citizen or not, who is the owner of the trade mark used, or proposed to be used, by him in the Malaysia, may apply for the registration of a trademark in this country.

HOW TO APPLY?

Before Applying - Applicants are advised to make search before submitting applications to avoid applying for identical or similar to trade marks filed earlier. All searches can be done at Public Search Room, MyIPO. A fee rate of RM20 per hour will be charged. Application Form (TM5) - All applications must be made in Form TM5. Five copies of the completed TM5 must be submitted together with the prescribed fee. For different marks, separate applications must be filed.

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Go to http://www.myipo.gov.my/trade-marks

Trade Mark

Step to apply Trade Mark

Normal Application

• Filing the TM5 with statutory declaration (included) (Fee: RM370) and make 5 copies. (Sample)

• One copy Form49 (for SDN.BHD. Company only) / Form B and Form D (List of Directors / Partners) fromSuruhanjaya Syarikat Malaysia

• Submit the application to our office or by mail with Check / Money Order / Bank Draft to ' Perbadanan Harta Intelek Malaysia'.

Expedited Examination

• Filing TM5A (Fee: RM250 - Request for approval for expedited examination of a trade mark application)

•  Filing TM5B (Fee: RM1200 - Request for expedited examination of a trade mark application)

Online Search & Filing (click here)

Related links :

| General Information   | Trade Marks Act | Form & Related Fees | Manual | Class of Goods | Gazette Trade Mark |       | Agent Listing | Becoming Trademarks Agent | Client Charters |

Our corporate email :
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	Office Address	MyIPO Headquarters	MyIPO Sabah	MyIPO Sarawak
		Perbadanan Harta Intelek Malaysia, Unit 1-7, Ground Floor, Menara UOA Bangsar, No.5 Jalan Bangsar Utama 1, 59000 Kuala Lumpur	49 Jalan Karamunsing 6th Floor Blok C Kompleks KUWASA 88000 Kota Kinabalu, Sabah.	Lot 9936 (Sub Lot 5) 3rd Floor Queen's Court 93000 Kuching, Sarawak.
	Phone Number	+603 2299 8533 +603 2299 8534/8538/8539	+6088 254 524	+6082 459 075 +6082 459 076
	Fax Number	+603 2299 8989	+6088 257 046	+6082 455 052
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HEADQUARTERS
Unit 1-7, Aras Bawah, Menara UOA Bangsar, No. 5, Jalan Bangsar  Utama 1, 59000 Kuala Lumpur
Telephone / Fax	+603-2299 8400 / +603-2299 8989
Business Hours	8.15am - 5.15pm
Counter Operation Hours	(Mon-Thu) 8.30am - 5.15pm (Fri) 8.30am - 12.15pm,         2.45 pm - 5.15pm
SARAWAK OFFICE
Lot 9936 (Sub Lot 5), Tingkat 3, Queen's Court, Blok E, Jalan Wan Alwi, 93350 Kuching, Sarawak
Telephone / Fax	+6082-459 075 / +6082-455 052
Business Hours	8.00am - 4.30pm
SABAH OFFICE
Tingkat 6, Blok C, Bangunan KWSP, 49 Jalan Karamunsing, PO Box 2068, 88999 Kota Kinabalu, Sabah
Telephone / Fax	+6088-233 571 / +6088-257 046
Business Hours	8.00am - 4.30pm
SOUTHERN OFFICE (JOHOR BAHRU)
Lot 1A, Podium 1, Menara Ansar, Jalan Trus, 80000 Johor Bahru, Johor
Telephone / Fax                                     +607-2222 873 / +607-222 2870
EAST COAST OFFICE (KUANTAN)
A21-GF, 1st & 2nd, Block A, Kuantan Perdana Commercial Centre, Jalan Tun Ismail 1, 25000 Kuantan, Pahang Darul Makmur
Telephone / Fax	+609-517 3749 / +609-517 3776
Business Hours	8.15am - 5.15pm
NORTHERN OFFICE (PENANG)
Tingkat 2 (Unit No. 1, 2 Dan 3), Kompleks Sempilai Jaya, Jalan Sempilai 13700 Seberang Jaya, Pulau Pinang
Telephone / Fax	+604-390 4134 / +604-390 2276
Business Hours	8.15am - 5.15pm
MyIPO BRANCH OFFICE (MELAKA)
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Telephone / Fax	+606-232 4733/ +606-232 4727
Business Hours	8.15am - 5.15pm
LOCATION MAP - Click here
MyIPO is pleased to inform that our Customer Service Counter at Unit 1-7 & Mezzanine, Menara UOA Bangsar, Jalan Bangsar Utama 1, 59000 Kuala Lumpur will be close on Friday for lunch break & prayers from 12.15 pm and will resume at 2.45pm with immediate effect.

Get a free





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trademark search report or call 67444009474













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trademark search report or call 67444009474

Trademarks consist of pictures, logos, words, names or other unique parts of a company or corporation. Trademarks last for 10 years in Malaysia with the opportunity to renew the trademark for 10-year time periods. Once trademarked, you own the words or images and have protection if a separate company uses the same trademarked image or mark. Although a Malaysian trademark is protected in Malaysia, it does not cross over to other countries. Fill out separate applications for each proposed trademark.

Things You'll Need

• TM05 application
• Form 49
• RM 250.00

Instructions

1. • 1
     Fill out the TM05 Malaysian trademark application. Look for the application at the Intellectual Property Corporation of Malaysia website (see Resources). Fill out fields such as a list of the goods and services your company offers and a graphical representation of the proposed trademark. Fill out, date and sign the Statutory Declaration at the end of the TM05 application.
   • 2
     Print out five separate copies of your completed TM05 application including the Statutory Declaration. All five copies must be sent to the trademark office.
   • 
     
   • 3
     Fill out form 49 to list the specifics of your company. Add information on all of the directors, managers and secretaries working under your company. List information such as their full name, national race, residential address and identity card or passport number.
   • 4
     Write out a check or money order for RM 250.00 payable to "Perbadanan Harta Intelek Malaysia."
   • 5
     Send in your application forms and application fee to the Intellectual Property Corporation of Malaysia. Mail everything to the address listed below:

     Intellectual Property Corporation of Malaysia

     32nd Floor, Menara Dayabumi

     Jalan Sultan Hishamuddin

     50623 Kuala Lumpur, Malaysia

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