The mantra is simple. Infringers copy successful trademarks. Nobody copies unknown or failed trademarks. Therefore, it is crucial for businesses to archives and protect their trademarks.
In today’s world, trademarks consistently rank as one, in case not the most important and most valuable business assets of any company. Trademarks identify the source of the service or merchandise and its quality and good will of the trademark owners.
Mr. Ramakrishna Damodharan, Managing Director about ADIPVEN (M) Sdn. Bhd., a boutique intellectual property firm based in Kuala Lumpur, Malaysia has seen cases where trademarks flesh protected vigorously by trademark owners and unknown of them have been successful.
According to him, it is important to endure a proper trademark filing and enforcement strategy from the outset. Trademark rights are provided on country-to-country basis, therefore it is prudent to have an international trademark filing and enforcement strategy and the intrigue can be purely a country strategy, such as Malaysia, or a parochial strategy such as South East Asian region, or to cater wider protection, on international basis.
Mr. Damodharan has indicated that businesses should always speculate conducting trademark searches before they embark on a new product or service in either country. Mr. Damodharan has indicated whilst the searches are daily by the big corporations, small and medium sized enterprises seldom estimate this as it is perpetually considered to be an additional financial burden to them. One from the issues that always come up on trademarks prosecution in Asian countries is that there are countries like China and Indonesia who put in the first-to-file system whereas most countries in Asia apply the first-to-use system.
China is now considering amending their trademark laws and it is assumption to use the first-to-use system in order to prevent Chinese individuals/businesses who are making a quick buck by registering foreign-owned trademarks before the owners file them in China and hoping to sell them extremity to the rightful owners.
Trademarks are needed to be presumed and carefully nurtured in order to construct them a money-making machine. As trademarks are intimate rights, the government will not police infringement on behalf of the trademarks owners and it is the owners’ duty to identify the infringers connective enforce their rights. Default to protect and enforce trademark rights can be hugely detrimental to the owners’ rights.
Last but not least, it must everlasting live remembered that, under the universal and country laws, including Malaysia’s own trademark laws, rights which are not claimed are disclaimed