MALAYSIA TRADEMARK REGISTRATION PROCEDURE
You will receive a Notification of Trademark Registration Application Acceptance issued by Intellectual Property Corporation of Malaysia(MyIPO).
You will receive a Notification of Preliminary Approval or Rejection issued by Intellectual Property Corporation of Malaysia(MyIPO).
In case of no trademark rejection, your trademark registration will be published in the e-Gazette for purposes of opposition. You will receive a notification of disapproval if third parties oppose your registration.
In case of no trademark disapproval, you will receive a electronic Trademark Registration Certificate issued by Intellectual Property Corporation of Malaysia(MyIPO).
HOW TO REGISTER A TRADEMARK IN MALAYSIA
Conducting a Comprehensive Trademark Search
Not all trademarks can be registered. Our trademark experts will check attorney-only trademark databases to find out if there are any potential conflicts. We use a manual trademark search to find almost 100% of all similar marks and potential conflicts for preventing you from wasting time and money. Trademark Study (1 working day), You will receive a Detailed registrability report.
Confirm the Mark You Want to Register
If a mark consist of foreign words, these words must be explained in English. Sometimes you may want to file both Malay and English version of the word mark in Malaysia to further protect your branding.
Select the Goods/Services
Malaysia is one of the countries who uses the International Classification of Goods and Services under the Nice Agreement. This is an international recognised series of 45 classifications which may be applied to goods and services.
It is necessary to file a separate application for trademarks in each of the classifications you are choosing. One trademark in one classification will not cover other classifications, and therefore your trademarks may be open for use there by others. Typically 10 items per class may be registered by default, with additional costs for each item in addition.
Confirm the Applicant’s Name and Address in English
The name and address of the applicant must be strictly identical to those of the company incorporation certificate or the passport of individual applicant.
1. Scanned copy of the Power of Attorney (POA) signed by the applicant;
2. Scanned copy of the company’s certificate of incorporation; copy of passport for individual applicant;
3. Proposed mark.
Our trademark experts will assist you in creating, organizing, and translating these documents wherever necessary. When all the documents are prepared, your mark will be filed within 1 working days. Then we will send you Malaysia Trademark number.
TRADEMARK EXTENSIVE STUDY
Not all trademarks can be registered. Our trademark experts will check attorney-only trademark databases to find out if there are any potential conflicts. We use a manual trademark search to find almost 100% of all similar marks and potential conflicts for preventing you from wasting time and money.
Register your Trademark in Malaysia
(one class include Govt Fee)
*No other fees for registration if no rejection or opposition.
Can a foreign individual apply for Malaysia trademark registration?
Yes, a foreign applicant can be either corporation or individual.
How long is to process a Malaysia trademark registration?
Generally, it takes 10-14 months to process in Malaysia.
What is expedited examination (EE)?
Expedited examination is introduced to allow trademarks which comply with the Trademarks Act and Regulations to be registered within 6 months and 3 weeks upon filing the prescribed form and fee along with the reason. However, expedited examination not applicable for collective mark, certification mark and sign which are colour, sound, scent, hologram, positioning or sequence of motion.
What are the reasons that allow to request for expedited examination?
Reasons for requesting expedited examination:
The request is in the national or public interest;
There are infringement proceedings taking place or evidence showing potential infringement in respect of the trademark applied for under regulation 35 (Application for registration);
Registration of the trademark is a condition to obtain monetary benefits from the Government or institutions recognised by the Registrar; or
There are other reasonable grounds which support the request.
Does Malaysian registration for trademark give protection abroad?
No, trademark protection is territorial in nature. The owner has to seek registration in each country either via national route or Madrid route.
Is it necessary for an applicant to appoint a registered trademark agent for purposes of filing an application?
A local applicant may file a trademark application directly himself. A foreign applicant must file an application through a registered trademark agent.
What is the duration of a trademark protection?
The period of protection is 10 years, renewable for a period of every 10 years thereafter.
What are the main reasons for rejecting an application?
There are two broad grounds for rejection of trademark applications. These are “absolute grounds” and “relative grounds”.
What is the purpose of preliminary advice and search by Registrar?
Before proceeding to file a trademark, it is highly advisable for the intended applicant to conduct a trademark search to avoid any refusal raised against an application which has been filed. Applicant may file an application together with payment of the prescribed fee to the Registrar for preliminary advice and search whether the trademark is prima facie a registrable trademark. The examination will be based on absolute and relative grounds.
Will there problems in case I don’t use my trademark after registration?
Yes. A registered mark can be attacked on the ground of non-use.
FEES FOR TRADEMARKS IN MALAYSIA
(per mark per class)
Expedited Examination(if any)
with Paper Certificate(if any)
|Counter Statement||USD$1500 onwards|
DRAKE CHEN ®
Wuhan Chuchuangyuan Trademark Agency Co., Ltd
Phone: +86 18672762230
Huaqingyuan, Zhongshan Road 975, Jiangan Dist
Wuhan City, Hubei province, China
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