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Trademark being what it is: The Identity Card for your business. Many business owners are under the wrong impression that having registered their business name at the Companies Commission of Malaysia during the process of company incorporation naturally means that the trademark becomes registered. That is because they never asked!

Most people set up businesses with the aid of the Companies Commission (aka The Companies House in the UK) to help them detect if the business name they proposed has been previously used and registered by a third party. The Companies Commission today have cut that time used to search any such similar name use down to 24 hours, and that means it is an unusually fast process to get your business entity registered with the government. Then the name of your business goes straight into the SSM's database and will be stored there until you filed for cancellation of that name. Nothing has been done by the CCM to further protect the business name or trademark.

Another common scenario is that there are many out there unconscious of the importance of having their mark registered (through the proper channel). Firms and business proprietors have been working very hard for the success of their business and neglected the fact that without registering their trademark, other people may unlawfully appropriate the unregistered mark and use it as their own, of course, then register it as belonging to themselves and make use of it.

The risk of trademark infringement in Malaysia is persistent, so as anywhere else in every corner of the world. We do not think registering a trademark is a difficult concept to understand. And we trust you would register it now once you still have the time to do so… before anyone else gets it!

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