Trademarks usually protect brand names, logos, and symbols that distinguish goods or services. However, did you know that buildings can also qualify for trademark protection?
In fact, several famous landmarks have secured trademark protection for their distinctive architectural features. Examples include the Empire State Building in New York and the Sydney Opera House in Australia. The Eiffel Tower in Paris also enjoys various forms of intellectual property protection.Why Trademark a Building?
A building’s unique appearance can become a powerful symbol of its identity. Therefore, trademark registration may help owners protect distinctive architectural features associated with their businesses. Furthermore, trademark protection can prevent unauthorised commercial uses that create confusion or infringe registered rights. However, trademark registration does not automatically prevent others from copying a building’s architectural design. Copyright and design laws may offer additional protection.Taj Mahal Palace Hotel, Mumbai: A Famous Example
On 19 June 2017, Mumbai’s iconic Taj Mahal Palace Hotel reportedly became India’s first building to secure trademark registration for its architectural appearance. The hotel, which opened in 1903, features a distinctive dome and impressive exterior. Consequently, its trademark protection helps safeguard the building’s identity against certain unauthorised commercial uses. However, not every photograph or commercial depiction of the hotel automatically infringes its trademark. The circumstances and applicable laws determine whether permission is necessary.Can You Trademark a Building in Malaysia?
In Malaysia, the Trademarks Act 2019 recognises non-traditional trademarks, including shapes and other distinctive signs. Therefore, a building’s distinctive appearance may potentially qualify for trademark registration if it meets the legal requirements. Nevertheless, registration depends on factors such as distinctiveness and the sign’s ability to identify the commercial origin of goods or services.Conclusion
Trademark protection extends beyond conventional names and logos. In certain circumstances, even buildings can function as valuable trademarks. Therefore, businesses should consider protecting distinctive architectural features that represent their commercial identity. At Lymesol IP, we assist businesses with trademark registration and intellectual property protection in Malaysia.Questions about ip? Click here to reach out to us or you can fill in contact form here.
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