Specialisation in developing " guided New Trade Mark.


Wednesday, May 03, 2017

Advantages of Proceeding with Criminal Enforcement for the Protection of IPR Instead of a Civil Action .

1.  Intellectual Property Right (IPR) holders merely have to make a complaint of their works being infringed and the rest of the enforcement and investigation is carried out by the enforcement officers of the Ministry of Domestic Trade and  Consumer Affairs , Police or the Customs and  Excise ;

2.  The enforcement including the raid , search , seizure and arrest is carried out by the enforcement officers at no cost to the IPR holder ;

3.    IPR holders need not engage any lawyers as the prosecution is conducted by the deputy public prosecutors or prosecuting officers of the relevant government enforcement agency ;

4.  The enforcement is particularly effective where there are numerous outlets offering or supplying the infringing or counterfeit goods;

5.  There is no risk to the IPR holder to pay costs unlike in the event of an unsuccessful civil action.For example in Solid Gold Publishers Sdn Bhd v Chan Wee Ho & Ors [2002] 3MLJ , the plaintiff who had instituted a failed civil action , ended up having to  pay RM86,651.40 in general damages for the loss of revenue arising from the seizure of 418 video tapes , RM4598 in general damages to replace 48 of the missing tapes and RM50,000 in exemplary damages , interest and cost.

~ Practical Approach To Enforcement of Intellectual Property Rights by Jagjit Singh a/l Bant Singh

Tuesday, May 02, 2017

Kelebihan Prosiding dengan Penguatkuasaan Jenayah bagi Perlindungan IPR Daripada satu Tindakan Sivil

1. Pemegang  Hak Harta Intelek (IPR) hanya perlu membuat aduan karya mereka dilanggar dan seluruh penguatkuasaan dan siasatan dijalankan oleh pegawai penguatkuasa Kementerian Perdagangan Dalam Negeri dan Hal Ehwal Pengguna, Polis atau kastam dan Cukai;

2. Penguatkuasaan adalah  termasuk serbuan, penggeledahan, penyitaan dan penangkapan dilakukan oleh pegawai penguatkuasa tanpa sebarang kos kepada pemegang IPR;

3. Pemegang IPR tidak perlu khidmat mana-mana peguam kerana pihak pendakwaan dijalankan oleh Timbalan Pendakwa Raya atau  Pegawai-pegawai Pendakwa agensi penguatkuasaan kerajaan yang berkaitan;

4. Penguatkuasaan itu amat berkesan di mana terdapat banyak kedai-kedai yang menawarkan atau membekalkan langgaran (infringement) atau pemalsuan barang-barang itu;

5.Tiada risiko kepada pemegang IPR untuk membayar kos tidak seperti sekiranya berlaku  Tindakan Sivil (Civil Action) yang gagal . Sebagai contoh dalam Solid Gold Publishers Publishers Sdn Bhd v Chan Wee Ho * Ors [2002] 3MLJ, plaintif yang telah dimulakan tindakan sivil gagal, akhirnya perlu membayar RM86,651.40 sebagai ganti rugi am bagi kehilangan pendapatan yang berbangkit daripada penyitaan 418 pita video, RM4598 ganti rugi am untuk menggantikan 48 dari kaset hilang dan RM50,000 sebagai ganti rugi teladan, faedah dan kos.

~ Practical Approach To Enforcement of Intellectual Property Rights by Jagjit Singh a/l Bant Singh

Thursday, August 25, 2016


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.  

- myipo

Wednesday, November 04, 2015

12 Ways to Legally Protect Your Brand

by  business2community.com

What’s one thing you’ve done to protect your brand legally that you think all founders should do?

The following answers are provided by the Young Entrepreneur Council (YEC), an invite-only organization comprised of the world’s most promising young entrepreneurs. In partnership with Citi, the YEC recently launched #StartupLab, a free virtual mentorship program that helps millions of entrepreneurs start and grow businesses via live video chats, an expert content library and email lessons.

1. Protect Your Web Content
Anthony SaladinoMany founders know to trademark their logo/brand name; however, many founders overlook protecting their Web content. A simple way to do so is to create an account with DMCA. They are the global leader in DMCA copyright infringement take-downs. Once certified, display the badge on your website to act as a deterrent for content thieves.

2. Set up Google Alerts
Thursday-Bram 2It’s a small thing, but you can’t know if there’s a problem with your brand if you aren’t getting updates on where your brand is mentioned. We’ve particularly had a problem with copyright infringement, which we would never have realized without Google Alerts.

3. Use IP Protection
Arthur EbelingIf you are seeking to establish a brand, it is critical to secure the proper intellectual property safeguards. These IP protections can include trademarks, copyrights and patents. It is important to determine which protections are relevant to your brand/company. Invariably, if you are trying to establish a brand name, it is wise to trademark that name. It pays to consult an IP attorney.

4. Create a Distinctive Mark
peter mintonTrademarks in the U.S. are subject to varying degrees of protection based on the distinctiveness of the mark. A generic name will receive less protection than a name that is unique (e.g., a neologism such as “Kodak” will receive very strong protection, while “Film Maker” may not be eligible). Common words may also receive strong protection if meaningless in context (e.g., Apple for computers).

5. Register Your Trademark
Andrew SchrageThe best thing founders can do to legally protect their brands is to register their trademarks with the U.S. Patent and Trademark Office. You can do it online, but founders should definitely consider enlisting the help of an attorney, as there are many forms to fill out and strict deadlines.

6. Get a Patent
Erik SeveringhausIf you’re a founder who’s truly doing something novel and revolutionary, make sure to protect it! Patents are an important part of the arsenal and give you the ability to protect yourself against litigation and copycats, as well.

7. Create an Employee Handbook
Joe ApfelbaumWhen speaking to lawyers, they have so many things that you can do to help you protect your company. You can buy insurance, patent your idea and trademark your name. What we decided to do recently is to create an employee handbook. If you have employees working for you, you need to have a plan in place to protect your brand, and a handbook is a great place for any founder to start.

8. Trademark Your Brand
ted murphyAll founders should file for trademarks for their brands. It is quick and relatively cheap to do atuspto.gov. In most cases, you do not need the expense of a lawyer or any other service.

9. Monitor Your Brand and Competitors
Eric KoesterYou can’t protect what you don’t understand, so set up a plan to monitor your brand and the brands of your competitors. TrackMaven and Rival IQ are two of the more advanced tools for tracking your brand online, but simple tools such as Google Alerts and Twitter searches can help, too.

10. Create Legal Divisions
Phil LaboonSeparate the different divisions of your businesses with LLCs independent from one another. That way, your assets are not all affected at once. It’s like having a tourniquet to save your businesses from affecting each other negatively.

11. Protect Your Brand in China
Aaron SchwartzWhile the U.S. trademark system recognizes the “first-to-use” system to determine trademark rights, China is a “first-to-file” location. This means that anyone can trademark a major brand name. As a scaling startup, especially one that produces in China, protect yourself early before it becomes incredibly costly in the future.

12. Think Globally, Not Locally
Brittany HodakGetting trademark protection for your brand and company in the U.S. is a good start, but it’s also important to protect yourself in other territories around the world. Laws differ by country, and even if international expansion isn’t currently on your radar, it’s a good idea to plan ahead to make sure you’re able to grow in the future.

6 Branding Myths Every Business Owner Should Know


Branding is the most powerful process your business can have. If you don’t believe me, just look at Coca-Cola. In 2010, BrandZ estimated Coca-Cola’s brand value at just under $68 billion, compared to a market cap of about $123 billion.

Effective branding can build your reputation, push you ahead of your competitors, and allow you to set standards for your market, i.e. premium pricing. Name recognition gains consumer trust, and in turn, more loyalty. Before this can happen, though, a few things about this whole branding concept needs to be cleared up. Here are some of the biggest myths people have on the topic and some important principles to take home with you.

1. A brand is a logo.

You may have heard this one before. Sure, in certain contexts, you can call a logo a brand, but that’s missing the big picture here. I’m not talking about branding cattle or wine bottle crates, I’m talking about everything your company stands for and does about it. A brand is much more than the materials you produce. Your logo is your emblem that stands on the front lines of your company. Your identity is the look and feel of your company, and how it presents itself. Your brand is the emotional and psychological relationship it has with consumers. Learn more about the differences between a logo, an identity, and a brand.

2. Marketing and branding are the same thing.


This is a very common myth believed by small and large companies alike. Understanding the difference can save your company’s life and drive it ahead of your competition. The biggest difference here is that branding depends on the public in order to exist, and marketing does not.

Branding is a two-way street. It’s a combination of what your company stands for (brand values) and the gut feelings people get when your company pops into their heads (brand image). It is the opinions people have about the complete customer experience you offer, from your product demos to your sales calls to your technical support to your returns policy. Good branding happens when consumers see that a company has trustworthy behaviour and consistently delivers what it promises. Read another post on how it’s all about the gut feeling.

Marketing is a goal oriented activity. It is the methods used to achieve your desired business outcomes, namely, to get more customers and get more dollars from those customers. Marketing shows the public what your company does and turns their heads in your direction. It includes advertising, promotions, events, and social media engagement, as well as less direct methods like guerilla marketing (e.g. commissioned graffiti), content marketing (e.g. blogs and ebooks) and new media communications (e.g. webinars).

3. I’m just starting my business, so I don’t need to do any branding yet.


Huge! Just huge!! The reality is, you don’t have a choice in the matter. Whether it’s a strong brand or a weak brand, you’ve already got one.

In business, like many things in life, you will always know where you’re headed if you start with the end in mind. Knowing what your goals are allows you to move forward with less confusion and indecisiveness. Since you already have a brand, then you might as well start working on it right away by influencing how you want people to see it. Don’t wait! Consumers’ perceptions certainly don’t wait for you, and your competition probably isn’t waiting either. What image do you want to project? How do you want to be perceived by the public? What attributes do you want people to associate with you?

4. I have a great product, so I don’t need to focus on branding so much.


Lack of branding is one sure-fire way to make sure your product fails. Good branding cannot make a poor product sell, and poor branding cannot make a good product sell. Look at how we’ve adapted the name Kleenex for tissues and Q-tips for those little cotton swab stick-thingys. These are two prime examples of how a good product with good branding can become the household name and rule the market. If you cultivate enough name recognition and move toward becoming the standard in your niche, then you’ll start to see the ‘bandwagon effect,’ where as more and more people believe in something, the rest eventually will too. We jump on that bandwagon because, as humans, we prefer to conform, and we trust the opinions of our friends and family.

Packaging is another essential point why products need branding. Even if your company offers the best freaking multi-functional super widgets anyone has ever seen (with two cup holders), it will almost always be the packaging that sells the consumer standing in the aisle&mdashnot the features, nor the benefits. What catches the eye are the colours, contrast, clarity, imagery, and typography. Put them all together in certain ways and you incite desired emotions. In the retail environment, the packaging itself is the branding of the product. Companies who don’t understand this never see their super widgets leave the shelves.

5. The company controls the brand.


This may have held a tiny bit of truth until the 50s and 60s, but nowadays, especially with the Internet, it couldn’t be further from the truth. On web forums, blogs, and social networking sites, consumers are discussing brands with the fellow consumers they trust: their online friends and followers. News travels far and fast.

For as long as you’re in business, people are going to say good things and bad things about your company. Can you control how people think? Of course not. You can, however, influence how people view your company (mainly) by the actions you take and (to a lesser degree) the things you say. Does your company live up to its promises? Does your service meet or exceed your customers’ expectations? If you do unique or innovative things, then people will remember you. If you offer a consistent and trustworthy customer experience, then people will like you and recommend you. If your company does something questionable, then they will pick at it, criticize it, and tell the world about what you did.

6. Branding is expensive.


Branding can be accomplished with almost any budget. Once you’ve positioned yourself against your competitors and crafted your clear message, just start communicating with people. Be yourself (unless you’re a jerk) and offer value to your audience. Send them resources and information they find useful, ask them questions, and don’t try to sell them anything. Find out what social websites they are using the most, and talk to them there. 

What’s more, there are so many easy ways to fine-tune your brand’s image, such as thoughtful customer service, personalized telephone talk, consistent email signatures, and sending out holiday cards to customers. More often that not, people appreciate the little things the most, and don’t care about how big your billboard is. It’s not about how much you spend on promoting your business, it’s about making sure your visual identity and verbal message are clear and aligned with what your company stands for.

After your plan has been laid out, I do recommend that you invest some money into your logo and visual identity. It is the signature of your brand. An experienced designer should be able to take your company’s vision, values, target market, and positioning, and turn them into a meaningful and attractive visual representation of your company. Sure, you could get your best friend’s cousin’s niece’s monkey to do it for free, but that’s like writing and X in place of your signature&mdashit means absolutely nothing and and anybody can do it.

The 10 Myths of Branding

By:Lauren Habermehl

After more than 30 years of bringing brands to life through Focused Creativity, one thing that still surprises us as a branding agency is how many misconceptions there are regarding what we do and the value it brings to business. While every client experience is different, in terms of their goals and expectations, it’s uncanny how many times we find ourselves experiencing deja vu in conversations. Believe it or not, we’re answering many of the same questions today, in 2014, as we did when we first began in 1981.

Part of the issue lies with the term “branding” itself. It’s perhaps one of the most misunderstood concepts in business, which is a shame, because it’s arguably also one of the most important. What is branding, what does it encompass, why is it important, and what can it do? The term is used frequently in conversation, yet it’s often used without having a solid understanding of the answers to these questions.

So this summer we’re going to set the record straight and answer what we feel are the top ten myths we’ve heard over the years regarding branding and all that it encompasses. Each week, we’ll share a common misconception we’ve heard ­— and continue to hear — in the industry and do a little “mythbusting” to reveal the truth behind each myth.



OBJECTION MATTERS - (understanding why a mark being objected)

(Manual of Trade Mark Law & Practice in Malaysia)

In deciding any question of possible conflict between two application or between an application and a registered trade mark , there are two main factors before raising an objection under this Section 19(1)and (2). These are :

- whether the marks are identical or so nearly resemble each other as to be likely to deceive or cause confusion ; and

- whether the marks are used on the same goods or services , the same description of goods or services , or whether the goods and services are closely related.

* When comparing cases, Examiners should always consider each mark as a whole. It is clear that marks are identical if they are the same in every detail when compared side by side. The test for deciding whether the marks so nearly resemble each other are established in case of law as below:

1. Imperfect Recollection
2.Appearance and Sound
3. Essential Feature
4.Composite Marks
5.Idea of Marks
6.Device Marks
7.Related Marks - confusion
8.Contextual Confusion of Marks
9. Comparing Goods and Services
10.Cross search
11.Co-pending Conflicts
12.Conflicting Marks
13.House Mark

Dalam lain perkataan , sekiranya permohonan anda dibantah di bawah Section 19(1) dan (2) , bermakna Pemeriksa telah membuat pemeriksaan bagi semua di atas dan salah satu tidak memenuhi syarat yang diperlukan. Jadi kalau anda lepas dari No. 1 - 13, mereka akan "proceed" permohonan anda .

About this blog

email : rozarita@rozaritakamal.com
website : www.rozaritakamal.com

Apa itu Trade Mark/ Jenama ?
Mengapa ia penting?
Bagaimana membina jenama yang baik?
Mengapa tempuh untuk mendapatkan sijil sangat lama?
Adakah kos mendaftar sangat mahal?

Tahukah anda perlindungan Trade Mark bukan seumur hidup anda tapi selama-lamanya....

Anda penjual burger, nasi lemak, kain batik, belacan, katering, tailor, tuition center, tadika, salon, kedai runcit, restoran , kedai makan, penjual pakaian, tukang masak, rumah percutian/hotel, spa, beauty centre, kedai buku...

Anda adalah termasuk dalam golongan yang memerlukan perlindungan JENAMA.

Blog saya adalah kisah kisah yang saya lalui dalam dunia penjenamaan, apa yang saya lihat dan apa yang boleh kita lakukan . Mungkin usaha ini akan meningkatkan kesedaran tentang kepentingan Harta Intelek dalam setiap perniagaan.

Kos asas untuk mendaftar JENAMA - approx RM2,500.00
Tempuh perlindungan = 10 tahun.

Kos renewal - approx RM1,000.00
Tempuh perlindungan = 10 tahun

(setiap 10 tahun anda cuma perlu "renew" sekali untuk 10 tahun berikutnya)


Brand Finance defines brand as “trademark and associated goodwill.”

Its methodology is based on determining the economic value of a trademark by applying the company’s royalty rate to future revenues attributable to the brand over a five year period.

Therefore, under its definition of brand, the valuation of a trademark and a brand is the same thing.

- Sean Stonefield , Forbes staff