SERVICES
SERVICES
Trademark
Trade mark is an identity of your brand or company, it distinguishes the goods and services of one trader from those of another. A mark includes a logo, brand, heading, label, ticket, name, signature, word, letter, number, tagline or any combination of these.
What is the function of Trademark?
- Origin – A trade mark helps to identify the source and those linked for the products and services trade in the market.
- Choice – A trade mark assists consumers to choose goods and services with ease.
- Quality – Consumers define a certain trade mark for its known quality.
- Marketing – Trade mark play a significant role in promoting. It’s common for consumers to make purchases based on continuous effect of advertising.
- Economic – Recognized trade mark is a valuable asset. Trade marks may be licensed or franchised.
What are the privileges you will be getting from registering a Trademark?
- Exclusive Rights – Registered trademarks 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.
What is the validation of the Trademark?
Trade mark registration is valid for 10 years from the date of application and may be renewed every ten years.
Looking for a logo re-design consultation?
Feel free to approach us. We will provide the solution to make sure you come up with a trademark that will be accepted and registered by the trademark office.
Patent
A patent is an exclusive right granted for an invention, which is a product or a process that provides a method of doing something, or offers a new technical solution to a problem.
Types of Patents
- Utility Innovation – A utility innovation is an exclusive right granted for a “minor” invention which does not require to satisfy the test of inventiveness as required of a patent. A utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.
- Standard Patent – It must be a new invention and must not been publicly disclosed in any form, anywhere in the world. The invention should have an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention. It must be industrially applicable, which means it can be mass produced. A patent is protected 20 years from the date of filing.
What are the inventions that cannot be patented?
- Discoveries, scientific theories and mathematical methods.
- Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro- organisms, micro-biological processes and the products of such micro-organism processes.
- Schemes, rules or methods for doing business, performing purely mental acts or playing games.
- Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.
Our affordable pricing
Magnus offers Patent Search and Patent Drafting at affordable pricing. By doing this search, we are able to find solutions to a technical problem you are facing and fix it accordingly. We have access and the capability to search the patent database resources Worldwide.
Industrial Design
An industrial design means features of shape, configuration, pattern or ornament applied to an article by any industrial process which in the finished article appeal to the eye and are judged by the eyes.
What kind of protection does an industrial design right offer?
In principle, the owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.
The types on Industrial Design
Registrable
- Fulfill the interpretation of Industrial design
- New in Malaysia or elsewhere
- Not contrary to public order or morality
Non-Registrable
- A method or principle of construction
- The designs of articles depend upon the appearance of another article which forms an integral part of the article
- It differs only in immaterial details or features
- The features of the article are dictated solely by function
What is the validation of the Industrial Design?
- A registered industrial design is given an initial protection period of 5 years from the date of filing.
- Extendable for a further four consecutive terms. The maximum protection period is 25 years.
Copyright
Copyright is a term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings. In Malaysia, copyright protection is provided under the Copyright Act 1987.
What can be protected using Copyright?
- literary works such as novels, poems, plays, reference works, newspaper articles
- computer programs, databases
- films, musical compositions, and choreography
- artistic works such as paintings, drawings, photographs, and sculpture
- architecture
- advertisements, maps, and technical drawings.
Types of Copyright
- Economic rights, which allow the rights owner to derive financial reward from the use of his works by others; and
- Moral rights, which protect the non-economic interests of the author.
- Legal Rights, whereby author, copyright owner and performer is given an exclusive right to control under the copyright law. Legal rights that are given to them includes the rights to enforce their copyrighted works in cases for infringement either by civil or criminal action. In term of criminal prosecution, it is conducted by the Enforcement Division of Ministry of Domestic Trade, Cooperative and Consumerism (MTDCC) or Royal Malaysian Police.
Duration of Copyright
- Literary, Musical or Artistic Works
Generally, these categories of copyright work reflect to the human beings which shall subsist during the life of the author plus 50 years after his death.
- Film, Sound Recordings and Performer
These categories of copyright work shall subsist for 50 years from the work was published, fixed in a fixation for the film and sound recording. For performer, the copyright work shall subsist from the performances was perform or fixation in a sound recording.
- Broadcasts
For the copyright in broadcasts, it protection occurred in way of transmission either by wire or wireless means, the period for 50 years shall be computed from the which the broadcasts were first made.
Geographical Indications
A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
How it can protect you?
Regardless whether or not the geographical indication is registered as against another geographical indication which, although literally true as to the country, territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another country, territory, region or locality.
Exclusion from protection of Geographical Indications
- Geographical indications which are contrary to public order or morality or territory of origin; or
- Geographical indications which are not or have ceased to be protected in their country.
- Geographical indications which have fallen into disuse in their country or territory of origin.
Who has the rights to use?
- Only producers carrying on their activity in the geographical area specified in the Register shall have the right to use a registered geographical indication in the course of trade.
- The right of use be in respect of the products specified in the Register in an accordance to the qualify, reputation or characteristic specified in the Register.
Duration of Geographical Indications?
A registered geographical indication is given ten years of protection from the date of filling and is renewable for every ten years.
Other Services
Other services
- Patent Search & Patent Drafting
- IP Agreements
- Licensing Agreements
- IP Landscape & Competitive Intelligence
- R&D and Technology Consultancy
- IP Commercialisation
- Freedom-To-Operate Search
- Infringement & IP Watch
Get In Touch
To protect your valuable ideas and for more information, contact us now. We are ready to assist you in any intellectual property issue.
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