Business identity vs trademark right
A business registration identifies the business entity or registered business name. Trademark registration is a separate process dealing with the sign used to distinguish goods or services.
OCTIP Explains · Malaysia Trademark Guidance
Does SSM Registration Protect My Brand?
Registering a business or company name and registering a trademark are different processes. A business name does not become a registered trademark under the Trademarks Act 2019 merely because it has been registered for business or company purposes.
Quick Answer
What you should know
Under section 16 of the Trademarks Act 2019, a registered trademark is a property right obtained through trademark registration under the Act. Section 17 provides the application route for a person claiming to be the bona fide proprietor of a trademark.
Why this matters to SMEs
An SME may invest in signage, packaging, social media and advertising under a business name only to discover later that the proposed trademark faces an earlier-right or registrability problem.
What should a business do?
Before investing heavily in a brand, consider a trademark search, ownership, the relevant classes and whether an application should be filed under the Trademarks Act 2019.
OCTIP Explains
SSM registration and trademark registration serve different purposes. Do not assume one automatically creates the other.
Key references: sections 16–17 and 23–24, Trademarks Act 2019.
Frequently Asked Questions
Common questions
Does my SSM name automatically become a registered trademark?
No. A registered trademark is obtained through the trademark registration process under the Trademarks Act 2019.
Can I use the same name for my business and trademark?
Potentially, but trademark registrability should be assessed separately because earlier marks and other refusal grounds may still apply.
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Practical Trademark Guidance
Have a trademark question?
Every trademark matter depends on the mark, goods or services, ownership and surrounding facts. Speak to OCTIP for a practical assessment of your situation.
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