In Malaysia, many businesses use Chinese names alongside their English or Bahasa Malaysia (BM) names. While this is common practice, did you know that your Chinese company name may not be officially recognized in the eyes of the law? This could leave you vulnerable to potential issues down the line. But don't worry – there are steps you can take to ensure your Chinese name is legally protected. Here's why registering your Chinese company name is a smart move for any business owner.
SSM Registration Only Covers Your English or BM Name
When registering your company with the Suruhanjaya Syarikat Malaysia (SSM) or Companies Commission of Malaysia (CCM), many entrepreneurs often include their business names in English or BM. However, what many don’t realize is that the Chinese name, even if it’s used regularly in the market, isn’t part of the official company registration with the SSM. This means that your Chinese name isn't legally tied to your business in the same way as your English or BM name.
This might not seem like a problem at first, but as your business grows and gains recognition, you could face challenges if someone else decides to use the same or a similar Chinese name. Without official registration, you don't have any formal rights over that name.
The same predicament goes to Tamil, Japanese, Arabic or any other non-English/BM company name.
No Official Record of Your Chinese Company Name
Without registering your Chinese name, there's no official record to prove that your business owns it. Imagine a competitor or another entity starts using the same name – there is no clear evidence that your business has the exclusive right to it.
In the event of a dispute, you could be at a disadvantage, especially if the name is already in widespread use or is seen as closely tied to your brand. Without proper registration, proving ownership of your Chinese company name becomes a challenging and costly task.
The Power of Trademark Registration
The good news is that you can protect your Chinese company name by registering it as a trademark. Trademark registration not only protects your name but also solidifies your legal rights over it. The best part is that you can register your Chinese name as a trademark, just like any other name in English or BM.
Once registered, your Chinese name will be legally recognized, and you will have exclusive rights to use it in relation to your business operations. This means that no one else can legally use the same name for their business or products, which helps you safeguard your brand’s identity and avoid potential confusion in the market.
Why Is Trademark Registration Important?
Exclusive Rights: You’ll be the only one with the right to use the Chinese name in relation to your business activities, products, and services.
Brand Protection: It prevents competitors or unauthorized third parties from using your Chinese name or something similar, which could harm your brand reputation.
Legal Recourse: Should a dispute arise, having your name registered as a trademark provides you with clear legal standing to enforce your rights.
Market Value: A trademarked name can add value to your business, especially if your brand becomes well-known in the market. It can be an important asset if you decide to sell or expand your business.
Conclusion
While using a Chinese name for your business is a smart and culturally significant move, it’s crucial to ensure that name is legally protected. Registering your company with SSM is a necessary step, but it doesn’t cover your Chinese name.
To secure your ownership and ensure your brand is fully protected, consider registering your Chinese name as a trademark. This simple but important step can save you from legal headaches and provide you with the peace of mind that your business identity is safe and secure.
Don’t wait – contact us to make sure your Chinese name is officially recognized today!
Written by,
Registered Trademark, Patent and Design Agent
LL.B (HONS), CLP
Advocate & Solicitor (Non-Practising)
Disclaimer: The above are meant for general information purposes and do not constitute legal advice. Please do not hesitate to contact us if we could be of assistance!
© 2024 by IP Gennesis Sdn Bhd.
Bình luận