(INFRINGEMENT OF TRADEMARK)
Infringement of Trademark
Infringement of Trademark
Trademark infringement is the unauthorized use of a trademark or a similar mark in a way that is likely to cause confusion, deception, or mistake among consumers about the source of goods or services. This can include using a similar or identical trademark to that of another company, or using a trademark in a way that is outside the scope of the permission granted by the trademark owner.
Trademark infringement can occur in a variety of ways, including:
- Use of a similar or identical mark in connection with goods or services that are similar or identical to those of the trademark owner
- Use of a similar or identical mark in a way that is likely to cause confusion or deception among consumers about the source of the goods or service
- Use of a trademark in a way that dilutes or tarnishes the distinctive quality of the trademark
- Unauthorized registration of a domain name that is identical or similar to a trademark
An example of trademark infringement would be if a company uses a logo or brand name that is identical or confusingly similar to another company’s trademarked logo or brand name, and offers goods or services in the same industry. For instance, if a company starts selling sports shoes under the brand name “Yoyo” with a logo that looks similar to Yoyo, it would be considered trademark infringement. This can cause confusion among consumers and harm the reputation and sales of the original brand owner.
One of case of trademark infringement in Malaysia was the case of the “Kedai Ayamas” trademark. Kedai Ayamas is a well-known brand in Malaysia that sells roasted chicken and other food items. The trademark was registered in Malaysia in 1987 by QSR Brands (M) Holdings Sdn Bhd, the parent company of KFC and Ayamas.
In 2014, another company called Ayamas Kitchen Sdn Bhd started using the name “Kedai Ayam Asli” and a similar logo to Kedai Ayamas for its chain of chicken restaurants. QSR Brands filed a lawsuit against Ayamas Kitchen for trademark infringement and unfair competition.
In 2017, the Malaysian Court of Appeal ruled in favor of QSR Brands and found that Ayamas Kitchen had indeed infringed on the Kedai Ayamas trademark. The court ordered Ayamas Kitchen to pay damages to QSR Brands and to cease using the Kedai Ayam Asli name and logo.
Procedure to initiate a legal proceeding for infringement of Trade Mark
If you want to sue for infringement of a trademark in Malaysia, you will need to follow these steps:
- Conduct a search: Conduct a search to ensure that your trademark has not already been registered in Malaysia (MYIPO) or is not identical or confusingly similar to any existing trademarks.
- Consult a lawyer: Consult a lawyer who specializes in intellectual property (IP) law to advise you on the best way to proceed with your case.
- File a lawsuit: File a lawsuit against the alleged infringer in the courts. You will need to provide evidence of the infringement, such as proof that the defendant is using a mark that is identical or confusingly similar to your trademark.
- Attend court hearings: Attend all court hearings and provide evidence to support your case.
- Obtain a court order: If the court finds in your favour, you may be able to obtain a court order prohibiting the defendant from using the infringing mark and awarding damages for any losses you have suffered as a result of the infringement.
Written By Lawyer Khoo