Trademark Registration in Malaysia. Under Malaysian Trademark Law, a trade mark can be a word, symbol, name, number, or a combination of these elements.
Trademarks in Malaysia are protected under exclusive registration.
Under Malaysian Trademark Law, a trade mark is considered as a sign used with the purpose of proving the relationship between a person who has the right to use this mark with his products or services. A trademark under Malaysian law can be a word, symbol, name, number, or a combination of these elements.
A trademarks will not be accepted in Malaysia if it is one of the following:
- Name of an individual, company or business is shown in a special or specific way.
- An fabricated, invented words.
- Descript directly products and services attached to the mark
- Geographical name, surname name
- Any other special signs
The Process of trademark registration in Malaysia
|Applying||– To be recognized as an exclusive trademark in Malaysia, the applicant is required to submit an application to the Malaysian intellectual property agency for review and recognition.|
|Examination of the application||– During the examination of the application, the Malaysian trademark office will consider the trademark application in accordance with the provisions of law. After that, conclusions will be drawn on the examized trademark application. The applicant also has the opportunity to respond to the conclusions.|
|Publication of the application||– After examining the application, if the results from Malaysian Trademark Office do not show any violation of trademark law, the trademark registration application (full information) will be posted publicly in the official gazette of goverment.|
|Opposition||– Within three months from the date of publication of the application, any third party has the right to object to the registration certificate for the mark that is published in the Official Gazette.|
|Application outcome||– At the end of the objection period, if the published trademark application in the Official Gazette does not have any objections or the objections of the third party are not successful, the Malaysian Trademark Office will issue the registration certificate for the applicant.|
* Note: Malaysian trademark registration certificate is valid from the date of certification until the end of 10 years from the filing date. After 10 years of validity, the applicant must pay the fee to renew the validity of the protection for another 10 years.
Required documents of trademark registration in Malaysia
- Trademark registration application (model form)
- Power of attorney (model form)
- 01 black and white print of trademark and 15 color prints of trademark
- List of products / services to be registered (will be classified according to the nice international classification)
- Applicant (owner) information
- Applicant’s commitment (in a form and notarized) – note: can be submitted after 02 months from this filing
Documents proving the priority (if any) – note: can be submitted after 02 months from the date of application.