How To Register Your Own Trademark?

Previously, i have explained about the types of trademark, and the function of trademarks. Now, i am going to talk about on how to get your own trademark registered in Malaysia.


Trademarks are the logos, pictures, phrases of words and so on carries the identity of the company or a certain corporation. In Malaysia, once registered, the trademarks lasts for ten years, which is similar to USA. After ten years, the registered trademark must be renewed. Once trademarked, that company or corporation owns and has the rights of the words, phrases, images or logos that was registered as a trademark. Although a Malaysian trademark is protected in Malaysia, it does not cross over to other countries. For example, the brand "Lotte" is a register trademark in Korea and Japan. However, although it is both registered in Korea and Japan, a different company may register for the same trademark in other countries.


How to register your own trademark?

Instructions

1. • 1
     Fill out the TM05 Malaysian trademark application. Look for the application at the Intellectual Property Corporation of Malaysia website (see Resources). Fill out fields such as a list of the goods and services your company offers and a graphical representation of the proposed trademark. Fill out, date and sign the Statutory Declaration at the end of the TM05 application.
   • 2
     Print out five separate copies of your completed TM05 application including the Statutory Declaration. All five copies must be sent to the trademark office.
   • 3
     Fill out form 49 to list the specifics of your company. Add information on all of the directors, managers and secretaries working under your company. List information such as their full name, national race, residential address and identity card or passport number.
   • 4
     Write out a check or money order for RM 250.00 payable to "Perbadanan Harta Intelek Malaysia."
   • 5
     Send in your application forms and application fee to the Intellectual Property Corporation of Malaysia. Mail everything to the address listed below:

     Intellectual Property Corporation of Malaysia

     32nd Floor, Menara Dayabumi

     Jalan Sultan Hishamuddin

     50623 Kuala Lumpur, Malaysia

So, how long do you think the registered trademark will last in other countries? Should it be standardized? Or should it differ by country? Please feel free to comment!


References :
How to Register a Trademark in Malaysia. [Online] 13 October 2011
           URL: http://www.ehow.com/how_6668826_register-trademark-malaysia.html

Create a Logo, Change our Motto! Contest

Welcome to our blog! First and foremost we would like to thank you for your undying support! And also, we would like to thank you for participating in our polls.

It is a pleasure for us to announce that we will organizing a contest. A contest to create a logo and a motto suitable for our blog.

Terms & Conditions

1) Participants must be a MALAYSIAN.

2) Participants must be a follower of this blog and LIKE the Facebook page of this blog.

3) To participate this contest, participants must first COPY & PASTE the link of this blog into their Facebook page.

4) Must provide proof (screenshots) of your Facebook Wall with the Wall Post of this blog's link.

5) If Postage service are needed for delivering the prizes, the cost of the Postage service must be paid by the participants.

6) The dimension of the "Logo" must be a minimum of 612 x 612, and in JPEG format.

7) The "Logo" must be a genuine work of the participant. If the "Logo" is the work of others, or copied from the internet, the participant is automatically disqualified.

8) Any image/photo editing software(s) are allowed to be used in this contest.

9) Hand-drawn logos are not accepted.

10) The "Motto" must not be more than 8 words. (Not 8 Alphabets)

11) Each participant can only take part once.

12) E-mail your contest form, screen shots, artwork & motto to workforpie001@gmail.com.
13) Any Contest Forms submitted after 23rd of October will not be entertained in any way.

To download the contest form, click here.
To start download, click "File" at the top left corner, and select "Download As".
Participants are required to fill in the form, and email to workforpie001@gmail.com with your screen shots, artwork & motto.

Prize

First Prize -----> Microsoft Wireless Mobile Mouse with Nano Transceiver worth of RM 129 x1

Second Prize---> Mystery Gift worth of RM 50 x 1

Third Prize ----> Domino's Express Card (Buy 1 free 1) worth of RM 50 x 1

This contest is organized by Legal-net@CSC1122 (c), Legal-net@CSC1122 reserves the rights to amend the Terms and Conditions of this contest.

For more details, please visit our Facebook fan page or Twitter account or drop us an email.

Lee Kok Weng kokweng1122@gmail.com

Fish Wong fishwong8@gmail.com

Kevin Chiw kevinchiw@gmail.com

Domain Name

Domain names are very important nowadays due to people that use internet are increasing randomly. Domain name have to be easy to remember to make people continuously read or follow the website. Domain names have to be also special and not being copied. This is to ensure people would not join a fake website or blog that will affect the users time of finding or the emotion of the user when they are finding the information.

Selecting a Domain Name is really important. Domain names can be divided into 2 levels which is first and second level. domain name such as bitlaw.com, the ".com" portion is considered the first or top level domain name, and the "bitlaw" is considered a second level domain name. Some of the top level domain such as .com, .org, .net, .gov, .edu, .post and others. These top level domain name are administrated by InterNIC. To make sure that your domain name is not taken or available or not, you can always use WhoIs search to make sure it is not taken. This will also ensure that the domain name that is chosen did not infringe on another party's trademark.

So, how many types of Domain Names are there? Care to list them out?  Please leave a comment!

Reference: http://www.bitlaw.com/internet/webpage.html [online] last contribution 2010 by Daniel A.tysver.

Week Four Poll Analysis

In this week's poll, we have asked the readers of our blog 'How often do they visit our blog'. There are only a total of 9 voters who participated this week's poll. There are three options with the least voters, that is "Everyday", "More than once a week", and "More than once in a day". All three of these options only consist of 1 vote. For the option of "Once a month", there are two voters voted for this option. Last but no least, the last option, "Once a week" has the most votes, a total of four votes.

Here is the pie chart of the poll analysis :

Here is a screen shot of the week four poll :

Week Three Poll Analysis

This week there is not much people giving their vote most probably due to the assignment deadline weeks so this week there is only 5 people voting. This week question was what license that Microsoft Office is using? Many people was wondering what are some of the legal issues that is given as multiple choice question.

There are 3 people choosing copyright license and 2 people choosing copyleft license. Which means there is no people choosing SasS license and also Trial software license. This means, people are always confused between copyright and copyleft license. In my opinion, people chose copyright license is because they didn't hear before about copyleft license and also does not know the existence of it. In the other way, people who chooses copyleft license are people who understand things clearly about licensing. This is my part of view why people choose those answer than other answers.

Linking and Framing

What is linking and framing?

Linking

Linking is a method of connect a website to another in a form of link (AKA Hyperlink), when internet user clicked into a specially coded work. It will take them into another web page. A link can take the user to another page within the same site, which called as "internal link", or to another site altogether ("an external link").

Links and the law

Linking is too easy in the internet that business users feels that when legal restriction is take place it will violate the right to travel and freedom speaking in the internet. Deep linking ( a link that bypass the home page) is believe to be not copyrighted infringement. However it is wise to ask for permission first before deep linking because some website asserted rights against deep linkers under copyright and trademark law principles.

In 2002, a Danish court prevented a website from deep linking to newspaper site. In 2003, Germany weighed in the issue when its federal court ruled deep linking was not violating German copyright law. Subsequently, the Indian and Danish court both separately ruled against practice of deep linking in 2006. (http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter6/6-c.html, 2006)

Framing

Framing is another way of connecting to another website. It is quite similar to linking except it imports the original page and displayed it in a special frame. Framing another website might lead to legal issues involve like copyright and trademark. By framing another website, the framing website might think that it being framed endorses or is related to the offending website.

An online news website was sued because it framed the content of other major media websites such as USA Today, CNN and Time. The lawsuit settled and the offending website removed the framed content. (http://smallbusiness.findlaw.com/business-operations/small-business-internet/internet-linking.html)

Credit to:

FindLaw, Website Linking, Framing, and Inlining, [Online], Retrieved 14th October 2011

URL: http://smallbusiness.findlaw.com/business-operations/small-business-internet/internet-linking.html

Copyright and Fair use, Stanford University Library, Connecting to other websites, [Online], Retrieved 14th October 2011

URL: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter6/6-c.html

Garage, Internet Law, Linking, Framing, and Inlining, [Online], Retrived 14th October 2011

URL: http://www.garage.com/resources/reference/internet_linking.shtml

Trademark

What is Trademark?
The term Trademark is one of the legal terms that was used to describe "intellectual property". A "Trademark" is a word, symbol, design, a phrase, that is used to give an identity to the source of the goods of one party from others.
Trademarks often mistook as the name of the product.
For example,

The word “Tupperware®” was actually a Trademark, instead of a term that was used to describe a food container.
This is because the word “Tupperware®” was registered as a Trademark, thus, behind the word “Tupperware®”, there is a symbol of a circled R, ®.

Another example is the word “Pendrive®”. This is also a Trademark, which was often used to name a USB flash drive.

A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks.

The Symbols for Trademark
There are two types of Trademark, the registered and the unregistered.

For registered Trademarks, the symbol ® was used. This symbol is placed at the end of the word, phrase or a symbol.
For unregistered Trademarks, the symbol ™ was placed behind the word or phase that was intended to be used as a Trademark.

So, any other examples that you can come out with? Don't hesitate to name them in your comments!

References :
Trademark, Copyright, or Patent, United States Patent and Trademark Office. [Online], 29 September 2011.
          URL: http://www.uspto.gov/trademarks/basics/trade_defin.jsp