Trademark Services FAQ

• Why register if I’ve already been using my brand? 

While “first users” have some rights, relying on them is costly and difficult. Registration gives you clear statutory exclusivity and makes enforcement significantly easier and cheaper.  

• What if my application is opposed? 

Oppositions are common in competitive markets. We act on your behalf to prepare evidence, draft submissions and negotiate settlements to defend your rights. 

• How do I protect my brand overseas? 

We can use the Madrid Protocol to file in over multiple countries worldwide at once or coordinate with our trusted foreign associates for specific national filings.  

• Can I monetise my trademark? 

Yes. Trademarks are property rights that can be licensed or franchised. We structure agreements to maximise your revenue while safeguarding your brand’s reputation. 

• What if I haven’t registered but someone is copying me? 

If you have not registered, you may still rely on the common law remedy of Passing Off, provided you have established a reputation. We can advise you on whether you have sufficient grounds to take action.  

• Can I register a sound, color, or shape?  

Yes. Under the new laws, you can register “non-traditional” marks, including shapes, colors, sounds, scents, holograms or sequences of motion. This allows you to protect unique branding elements beyond just your company name or logo. 

• Can I take action against counterfeiters selling fake goods?  

Yes. In addition to civil lawsuits, we can assist with enforcement under the Trade Descriptions Act. This may involve working with the Ministry of Domestic Trade (MDT) to conduct raids and seize counterfeit goods , which carries potential fines and imprisonment for the infringers.

• Does trademark protection last forever?  

A trademark registration is valid for 10 years from the date of filing. However, unlike patents which expire after 20 years , trademarks can be renewed indefinitely every 10 years. We manage these deadlines to ensuring your rights never lapse. 

• Can I register a name that describes my product (e.g., “Best Coffee”)?  

Generally, no. Marks that are “directly descriptive” of the quality or character of the goods are often refused registration. A trademark must be distinctive to identify your specific business. We can help you strategize a distinctive name or logo that has a higher chance of approval.

This article is written by 

Azarith Sofia Binti Aziz
Principal Associate, Low & Partners