In today’s digital world, social media influencers have shown us how important it is to protect your brand from copycats. Recently, a well-known influencer, Khairul Aming, took action against those using a similar brand, highlighting the idea of “SAMA TAPI TAK SERUPA” – alike but not quite the same.
For businesses, it’s pretty straightforward: whether your brand’s trademark is officially registered or not, you have the right to take legal action against anyone copying it.
Registered Trademark ®:
When your trademark is registered, you have got options. You can report the issue to authorities like Kementerian Perdaganan Dalam Negeri (KPDN) or similar bodies. The actions they might take include:
- Enforcement Endeavors
This encompasses raids, asset seizures, and potential criminal litigations under the Trademarks Act 2019. Penalties for the offence could encompass fines or imprisonement, as evidenced in this example case.
- Civil Litigation
The registered proprietor retains the prerogative to pursue civil litigation within the High Court, seeking restitution and a formal retraction from the infringing entity
Unregistered Trademarks (™):
If your trademark is not officially registered, you can still take action using a common law doctrine called “passing off,” which is a fancy term for stopping others from copying your brand. In Malaysia, the doctrine applies is the ” first to use” concept that works like this:
- Showing Goodwill: You need to prove that people know your brand and trust it because you’ve been using it in your business for a while.
- Being Unique: Your brand should be different from others out there to be protected.
Passing off helps against people who copy your brand. To do something about it, you need to prove:
- People know you: You should have a good reputation and be well-known in places where you use your brand, like Malaysia.
- They are confusing people: The copycats are making things confusing for the public.
- You are losing out: You are losing money or getting hurt by what they are doing.
So, as a brand owner, it’s super important to be careful. Before you start using a brand or try to get it registered, make sure it is unique in your line of business. Remember, “SAMA TAPI TAK SERUPA” is not just a catchy phrase, it is a reminder to keep your brand special and protected.
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Prepared by Hawanisa Roslan