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In this issue, we apply Intellectual Property Law under Trade Marks which stated in the

Section 3 (1) of TMA that a mark used or proposed to be used in relation to goods or services. Based
on section 3, the element of trade mark is important where first, it should be a mark because this
section give a broad meaning of mark and the example included is not full comprehensive but the
definition must be applicable and will be understand in certain point. Second element is the mark is
used or proposed to be used. It means that the mark must be used at the time of application and the
applicant also must have intention to use the mark itself. Third elements which is in relation to
goods or services. The mark should symbolize the goods and services as stated in Section (2)(b) of
TMA. Fourth elements which is to indicate a connection in the course of trade. This mark should be
used in the course of transaction to exhibit the relationship between the owner and goods or

The law prioritize in this issue is under the registrable trade mark. It is important to ensure
that the mark is distinctive and have exclusive right after it have been registered. One of registrable
trade mark is invented word or words. The word must be newly generated and distinct as stated in
Section 10 (1)(c) of TMA. According to the case of Illinois Tool Works, Inc v Pendaftar Cap Dagangan
(M) (2009) MLJ 101, silicon that was used on the engine parts refered as High Temp Red mark. In
this case The Registrar believe the mark was not distinctive and not qualified. But, the court held
that the mark High Temp Red did not have any rational meaning to the people. Hence, it is
qualified as an invented word. The issue also include the misspelt word in which misspelt word
indicate any other meaning that will bring effect.

Next registrable trade mark is word that does not have any direct reference to the character
or quality of the goods or services. According to Section 10(1) of TMA, it have been mentioned that it
cannot be any reference towards it. For example, apple is one of the word of mark that is
registered for computer and the word apple do not have any direct reference to computer. So it is
registrable. In the case of Titan (M) Sdn Bhd v Registar of Trade Marks (2009), the trade mark of
SURE-Loc have been rejected. It is because the SURE-Loc has a direct reference to the key lock.
So, it has been described that the SURE-Loc cannot be used because key lock represent that it can
be lock.