Lee Swee Seng - Advocates And Solicitors

Trademarks

Representation of Trade mark

Conditions and Limitations

Representation of Trade Mark

Representation of the mark must be clear and durable.

Encourage to use bromide paper/artwork.

Permitted size: 2x2 cm and 7x7cm

If a representation of a trade mark cannot be affixed to the form of application which is around the size of 2x2 cm, regulation 19 requires that it be mounted on linen, or other suitable material, and annexed to the form.

A single application of a single class will require seven (7) representation of the trade mark.

Conditions and Limitations

a) Conditions:

If a registration consist of a star, cross, moon and etc, it will be with condition:- "It is a condition of registration that the device of cross/crescent appearing in the mark shall no be use in the colour red or white on a red background or silver on a red background or in any similar colour or colours. "

b) Limitations:‑

Where a coloured representation is supplied, there may be some doubt about the applicant's intentions. Sometimes, use of the mark is to be limited to certain colours, either because the Registrar imposes that condition in order to make the mark distinctive or to avoid a clash with a similar mark or because the applicant wishes it. Without such a limitation, a mark is deemed to be registered for all colours, even if the representation on the register is a coloured one.

Translation

If the mark contains or consists of a word or words in non‑Roman characters or in a language other than English language or the national language, a certified transliteration and translation as appropriate must be provided.

Application Details

Full name, I.C. No. (if the applicant is an individual) or company number (if the applicant is a company and address of applicant.

If the applicant is a company, the full name, designation and address of your Director/

C.E.O./Manager affirming the Statutory Declaration on behalf of your company.

Date of first use of the mark in Malaysia (if any).

Classes of Goods

PART 1

CLASS I

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

CLASS 2

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

CLASS 3

Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soap; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

CLASS 4

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.

CLASS 5

Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, material for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

CLASS 6

Common metal s and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

CLASS 7

Machines and machines tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements; incubators for eggs.

CLASS 8

Hand tools and implements (hand operated); cutlery; side arms; razors.

CLASS 9

Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

CLASS 10

Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials.

CLASS 11

Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

CLASS 12

Vehicles; apparatus for locomotion by land, air or water.

CLASS 13

Firearms, ammunition and projectiles; explosives; fireworks.

CLASS 14

Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.

CLASS 15

Musical instruments.

CLASS 16

Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.

CLASS 17

Rubber, gutta‑percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

CLASS 18

Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

CLASS 19

Building materials (non‑metallic); non‑metallic rigid pipes for building; asphalt, pitch and bitumen; non‑metallic transportable buildings; monuments, not of metal.

CLASS 20

Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother‑of -pearl, meerschaum and substitutes for all these materials, or of plastics.

CLASS 21

Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush‑making materials; articles for cleaning purposes; steel wool; unworked or semi‑worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

CLASS 22

Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing material (except of rubber or plastics); raw fibrous textile materials.

CLASS 23

Yarns and threads; for textile use.

CLASS 24

Textiles and textile goods, not included in other classes; bed and table covers.

CLASS 25

Clothing, footwear, headgear.

CLASS 26

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

CLASS 27

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non‑textile).

CLASS 28

Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees

CLASS 29

Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.

CLASS 30

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking‑powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

CLASS 31

Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

CLASS 32

Beers; mineral and aerated waters and other non‑alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

CLASS 33

Alcoholic beverages (except beers).

CLASS 34

Tobacco; smokers' articles; matches.

Classes of Service

PART 2

CLASS 35

Advertising; business management; business administration; office functions.

CLASS 36

Insurance; financial affairs; monetary affairs; real estate affairs.

CLASS 37

Building construction; repair; installation services.

CLASS 38

Telecommunications.

CLASS 39

Transport; packaging and storage of goods; travel arrangement.

CLASS 40

Treatment of materials.

CLASS 41

Education; providing of training; entertainment, sporting and cultural activities.

CLASS 42

Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.

CLASS 43

Services for providing food and drink; temporary accommodation.

CLASS 44

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

CLASS 45

Personal and social services rendered by others to meet the needs of individuals.