Trademark Infringement Cases In Malaysia
Mcdonald s counterclaimed alleging trademark infringement and unfair competition.
Trademark infringement cases in malaysia. Linguist roger shuy testified for quality inn that the mc prefix had become part of everyday english. Acts amounting to infringement of registered trademark 55. Food manufacturers would stand to gain from paying close attention to a recent high court decision on a case involving claims of trademark infringement and passing off.
How do i register my trademark. Trademark consisting of sign that becomes accepted as sign describing article etc. Trademark relating to article etc formerly manufactured under patent 52 registration prima facie evidence 53.
You need to file an application at the intellectual property corporation of malaysia myipo by filling up form tm5. David lightfoot argued for mcdonald s that in all those cases these meanings were characteristics of mcdonald s and its reputation. This has implications not only for copyright and trademark owners but also for other ip owners looking to eliminate online infringement of their products or services and protect their valuable brands and ip assets.
Registration conclusive chapter 2 infringement of trademarks 54. The trademark has been used in good faith and is the name of the user s or their predecessor s business. Once registered it gives the proprietor full and exclusive rights over the trademark.
Trademark can consist of words symbol logo letter signature numeral or any combination of these.
