I was in MyIPO (Intellectual Property Corporation of Malaysia) this morning for an ex-parte hearing to challenge an Opposition by the Registrar of Trademarks on the grounds of alleged similarity. While these hearings are formal in nature, they are not as procedural rigid as court proceedings AND are a regular part of trademark practice for legal practitioners.
Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s.
In this particular matter, I was trying to convince the Registrar that we cannot assess the mark in isolation. As established in Consitax SA v TCL Marketing Sdn Bhd [2008] 3 MLJ 574, the proper approach requires comparing the overall impression of the trademarks—considering their visual, aural, conceptual, and dominant features.
This experience reminded me of what I discussed in Chapter 11 of my book, under the headings, ‘Franchise and Intellectual Property’. I emphasised that intellectual property—especially trademarks—is the foundation of any franchise system.
Think about it:
Why does a franchisee pay a franchise fee or royalty?
It’s not just for a manual or a logo. It’s for access to a protected brand, a proven system, and proprietary know-how—all of which are encapsulated in the franchisor’s intellectual property portfolio.
The trademark represents more than just a name—it carries:
(a) Consumer trust
(b) Market reputation
(c) Operational consistency
(d) Legal rights of exclusivity
And that’s why Section 24 of the Franchise Act 1998 mandates that a franchisor must register their relevant trademark before applying for franchise registration. No trademark, no franchise.
At the heart of every franchise agreement is the right to use intellectual property—and that’s what makes franchise systems scalable, valuable, and enforceable.
So whether in a hearing room or in drafting a franchise model, one truth remains: “Franchising is impossible without strong intellectual property—and it all starts with the trademark”.