Myth Buster

Scenario

Mr. Z recently started a new business and created a distinctive name, brand and logo to make his business stand out from his competitors. He decides to fill in the trademark symbol ® onto display, assuming that it is more trustworthy for his customers and it will scared off competitors from using or copying his name, brand and logo.

Mythbusted.

It is an offence under the section 81 of the Trade Marks Act 1976 when you falsely represent a trade mark (™) as registered trade mark (®). Therefore, it is advisable that you affix the symbol of ™ next to your trademark pending registration of your trademark instead of using the symbol of ® for your trademark.

The symbol of ™ is used to indicate that the Applicant has submitted trademark application to the Malaysia Intellectual Property (“MyIPO”) office pending registration by MyIPO. Until and unless it is properly registered by the MyIPO you may then convert the ™ into ® and your rights in relation to the trademark is now legally protected under the Trade Marks Act 1976.

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