What does TM mean?
TM is commonly used to indicate that a sign is being used or claimed as a trademark. Its use does not itself prove that the mark is registered in Malaysia.
Using Trademark Symbols · Malaysia Trademark Guidance
TM vs ® in Malaysia
TM and ® do not communicate the same thing. The registered symbol should be used carefully because Malaysian trademark law specifically addresses false representations that a trademark is registered.
Quick Answer
What you should know
Section 104 of the Trademarks Act 2019 makes it an offence knowingly to falsely represent that a trademark is registered, or to falsely represent the goods or services for which it is registered.
What does ® communicate?
The ® symbol communicates registered status. Because section 104 deals specifically with false representations of registration, businesses should not use a registered-status symbol in a misleading way.
Check the actual registration
A registered trademark may cover particular goods or services. Section 104 also addresses false representation as to the goods or services for which the trademark is registered.
OCTIP Explains
Use trademark symbols accurately. A marketing shortcut should never create a false impression about registration status.
Key reference: section 104, Trademarks Act 2019.
Frequently Asked Questions
Common questions
Can I use ® before my trademark is registered in Malaysia?
A business should not falsely represent a trademark as registered. Section 104 expressly addresses false representation of registered status.
Does TM mean the mark is registered?
No. TM does not itself establish that a trademark is registered.
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