What is Trademark? Protects Brands
Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. Any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, color, sound, scent, hologram, positioning, sequence of motion or any combination thereof can be registered as a trademark.
Years of protection: 10 years from the date of filing. Can be renewed every 10 years upon the expiry of each 10-year term.
What is Patent ? Protects Innovations / Inventions
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. Patents protect new inventions and protect improvement of functional aspects or fabrication process of the product.
Years of protection: 20 years from the date of filing.
What is Industrial Design? Protects product’s appearances
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. Industrial Design protects ornamental or aesthetic aspect of a product (not functional).
Years of protection: 5 years from the date of filing. Can be renewed for 4 consecutive terms with a maximum protection period of 25 years.
Disclaimer: This article shall not constitute as legal advice. Please reach out to Ng Law Firm should you need any help and advice at +601154304970 or +6046024970. You may also email your enquiry to penang@nglaw.com.my.
