Selasa, 07 Desember 2010

Obtain Copy Right And Trademark In Malaysia

Dear sir/madam,
Have you done proper protection for your trademark?

Trademark registration is vital important for your business. Especially when it keeps growing and expanding. You should be responsible to protect and to enforce your trademark(s) and other intellectual property rights which are owned by your business.

Registering a trademark provides you with the insurance you need to protect your brand and reserve the rights to your brand and logo. Once you register your trademark, nobody can claim that they didn't know you had a trademark on a name after infringing your trademark.

Our services include:
[A] TRADEMARK
Trademark Search
Trademark Application
Trademark Renewal
Trademark Assignment
Trademark Amendment
Trademark Objection

[B] PATENT
Patent Search
Patent Drafting of Specifications
Patent Application
Patent Cooperation Treaty (PCT)
Patent Renewal

[C] INDUSTRIAL DESIGN
Industrial Design Search
Industrial Design Application
Industrial Design Gazette
Industrial Design Amendment
Industrial Design Assignment
Industrial Design Renewal

[D] COPYRIGHT
Copyright Statutory Declaration

[E] TRADE SECRET
Non-Disclosure Agreement
Confidentiality Agreement

Who are we?
We are a Malaysian Specialist Intellectual Property firm. Our qualified consultant can help you make the right decisions about your intellectual property assets. We work to help clients in securing and protecting their intellectual property assets in Malaysia and over 160 countries.

Why Choose Us ?
* High Quality Service by Qualified and Trusted Professionals
* Speedy Service and Instant Feedback
* Jargon Free
* No Hidden Cost
* Confidential and Secure

We are supported by an excellent team of skilled support staff and by industry leading information systems, both of which assist us to manage our client's portfolios efficiently, safely and securely.

We will be very obliged to have a non-obligatory appointment with you or contact us for free consultation.

Kind Regards,
Mr Wai Gan [Mobile: +6014-6216007]
Email : yongngkow@gmail.com
TIGER INTELLECTUAL SDN BHD
Suite 3.28, Desa Complex,
Kepong, 56000 Kuala Lumpur, Malaysia
Branches: India ; Indonesia

I did email this company to ask a question :
I am about developing a social networking website like facebook.com and badoo.com, may I know what kind of feature and things that I can copy right/ trademark it?

This is the reply that I received from the company :
Dear Mr Zac,
Many thanks for your e-mail below.
In reply to your questions below, we would like to advise you as follows:

COPYRIGHT
A computer programme is protectable as a copyright work under Malaysia Copyright Act 1987.

Under Section 3 of the Malaysian Copyright Act 1987, the term “computer program” is defined as:
An expression, in any language, code or notation, of a set of instructions (whether with or without related information) intended to cause a device having an information processing capability to perform a particular function either directly or after either or both of the following:
(a) conversion to another language, code or notation;
(b) reproduction in a different form.
By virtue of Section 17(1) of Copyright Act 1987, literary work shall subsist during the life of the author and shall continue to subsist until the expiry of a period of fifty years after his death.

Copyright is conferred upon a work fulfill all the statutory requirements. Unlike the other branches of IP such as patents, trade marks and designs, there is no requirement to registration or other formalities. Typically, to provide indicia of ownership, a copyright work may carry a notice claiming copyright while the symbol ©, accompanied by the name of the person claiming copyright and the year of first publication, and sometimes, terms and conditions of use. This form of notification may serve to inform public of a claim to copyright as well as to warn off any infringers.

The Copyright Act 1987 provides a means of proving copyright and the ownership thereof in a work in the form of section 42.Under the said section, a person claiming to be the owner of the copyright in a work, or any person on his behalf, may make an affidavit or statutory declaration, with a true copy of the work annexed to it, stating that at the time specified, copyright subsists in the work and he is the owner of the copyright. Such affidavit or statutory declaration shall be admissible in evidence in any proceedings under the Act and shall be prima facie evidence of the facts stated therein. It should be noted that the facts stated therein are prima facie evidence only and may be rebutted by any person challenging the same.

TRADEMARK
www.facebook.com is a domain name. Their brand name is 'facebook' and this brand name is registrable as a trademark. Trademark will last forever as long as you renew it every 10 years.

PATENT
If your social networking site is an improvement (surprising effect) over the current social networking site, you may consider filing for a patent for your invention/innovation. With patent granted, you will enjoy twenty years of exclusive rights in the jurisdiction that you have your patent granted.

We hope we have answered your inquiries properly and trust the above information is useful for you in deciding the protection over your intellectual property assets.
Do call us for a free consultation or appointment at your premise.
Looking forward to hearing from you.

best regards,
Wai Gan
Tel: +6014.6216.007
Intellectual Property Consultant

TIGER INTELLECTUAL SDN BHD
[International Intellectual Property Consultant]
3.28, Desa Complex, Jalan Kepong, 52100 Kuala Lumpur. Malaysia.
Tel: +603-6277 4007 Fax: +603-6276 3007
Website: www.tigerintellectual.com Email: gan@tigerintellectual.com

Then I asked again another question :
Okay. Thank you. May I know how much is the price for the Copy Right and Trademark?

He replied me :
Dear Mr Zac,
We thank you very much for the opportunity to quote pertaining to the above matter. We would be very obliged to act on your behalf in filing and prosecuting trademark applications in Malaysia and countries abroad. We highly appreciate this valued opportunity.

To protect your business trademark name, normal duration till registration: approx. 10-18 months. The trademark registration fee is RM 1,380, which include:

(1) Trademark SEARCH [include our expert opinion + report]
> we can advice whether your trademark could be easily being registered or not.
(2) Professional Consultation
(3) Filing/Application
>> At this time you may use the "TM" symbol with your trademark but must not use the ® registered trademark symbol.
(4) Statutory Declaration
(5) Formality Check & Examination

if no objections are raised in examination or objections are overcome, there shall be a further charges of RM 950 for Malaysia Gazette being the final registration of the trade mark application (valid for 10 years).
(6) Government Gazette
(7) Registration of Certificate
(if no opposition or other complications arise). It would take about 10 to 18 months from the date of application for the mark to be registered, provided that no objections, opposition or other complications arise.

Documents / Information Required
To file a Trade Mark application in Malaysia, we would require the following:-
1) Company details including the copy of registration documents such as: Form 9/24/49/D
2) Copy of Signatory I/C
3) Clear specimens of the MARK (preferably soft copy in JPEG format, minimum size 10cm x 10cm);
4) Class(es) under which the MARK are to be protected and the specification of the goods / services relating to each class;
5) Any claims for colour or priority.

Payment Mode for:
Step 1:
> Malaysia: Pay TradeMark Search @ RM350 per mark per class;
> 1-3 working day
> can use symbol "TM"

Step 2:
> If the mark is available to register, please prepare the fee RM 1,030:
Fees include Application For Registration Of MARK per Class + Professional Fee + Disbursement/Miscellaneous Charges;
> inform you the latest status every 2-3 month basis [free, normal charge RM 100/time]

Step 3:
If everything smooth, NO rejected by Registrar Office, then prepare CERTIFICATE of REGISTRATION-Final Registration (valid for 10 year period without opposition during step 4);
> Malaysia Gazette RM 950

Step 4: Government Gazette publication for 2 months, if no opposition occur, just wait for the CERTIFICATE within 2-6 month.
> can use symbol " ® ", that mean you have exclusive right stop third party using your mark.

We hope the above are helpful. Please find attached guideline flowchart and trademark classification for your kind perusal.

However, if you have any further questions please do not hesitate to contact the undersigned. We are willing to visit your organization, should you inquiry more information about Trademark application.

best regards,
Wai Gan
Tel: +6014.6216.007
Intellectual Property Consultant

TIGER INTELLECTUAL SDN BHD
[International Intellectual Property Consultant]
3.28, Desa Complex, Jalan Kepong, 52100 Kuala Lumpur. Malaysia.
Tel: +603-6277 4007 Fax: +603-6276 3007
Website: www.tigerintellectual.com Email: gan@tigerintellectual.com

Overseas Offices:
India: C/C3A/436, Janak Puri, New Delhi-110058. India
Indonesia: Jl. Cipaku VI No. 14, Kebayoran Baru, Jakarta Selatan (12170) - Indonesia
Services covered in: ASIA PACIFIC | EUROPE | MIDDLE EAST | USA

He did send me a zip file too, you can download the zip file from : http://2aek.com/inventory/copRight.zip

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