Post 11: the Trade Marks Act 1976

Copyright and trademarks are both intellectual property refer to different area. Copyright is legally binding to protect author or creator of an original work, while the trademarks protect the word, name, symbol or device of a good to identify it from other goods.

For example, HONDA and NISSAN are both popular car manufacturer in the market. To identify the different between HONDA vs NISSAN car, they can be identify via their logo, name, design, performance or spec. Logo and name is the trademarks belong to the company, while the design, performance and spec would be the copyright of the company. Besides, slogan "the power of dreams" - HONDA and slogan "shift the way you move" - NISSAN are also trademarked by both company.

To use a trademarks, the very beginning is to register the trade marks, in section 32(2) of the Trade Marks Act 1976, the registration of a trade marks shall be for a period of 10 years but can be renewed from time to time.

However, there is term and conditions if you want to register a trademarks. A trademarks shall not be registered as a trademark if

1. if the trademarks cause confusion to the public;
2. if it contain any scandalous or offensive matter; example picture of naked girl or picture that sensitive to certain religion would not be protected by any court of law.
3. if it contain a matter which in the opinion of the Register is or might be prejudicial to the interest or security of the nation;
4. if the trademarks had registered or well known;
5. if it contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the mark for such good in M'sia is of such nature as to mislead the public as to the true place of origin of the goods ; or
6. if it is a mark for wines which contains or consists of a geographical indication identifying wines, or is a mark for spirits which contains of a geographical indication identifying spirits, not originating in the place indicated by the geographical indication in question.

Any person who use a registered trademark or nearly resembling the trademark that cause confusion in the public is consider a trademark infringement.

The most happen trademarks issue in the cyber space can be easily fall under the domain name conflict.

Domain name is the name chosen by the owner which indicate the owner web site address, domain name can be easier to remember instead of publishing an Internet protocol address which in series of numbers form. For example: http://www.google.com/ is the domain name registered under google corporation, http://www.google.com/ can be also call as 209.85.175.103. Domain name is trademark-able, and the issue usually occur when the registered domain name is misleading public which we call domain name conflict or being used in bad faith.

Bear in mind, the domain name is register under first come first serve basis.
Domain name conflict or trademark conflict can be occurred in few ways, which are

1. Cybersquatting;
2. Typosquatting;
3. Commentary or tarnishment;
4. registration of domain names of the competitors.