Trademark Registration in Malaysia

Malaysia Trademark Registration – How to Register and its Benefits

Why do you need a Trademark registration in Malaysia?

A trademark attorney will process a trademark registration in Malaysia by performing the below steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Malaysia, it is important to find all probable obstacles that could hinder the registration process. This study helps in making a list of all similar trademarks (graphically or phonetically) that might conflict with the one selected by you

Step 2. Request of Trademark Registration:

The next step is that an attorney files for your particular trademark registration in Malaysia and fulfils all needed steps in the Trademark Office for getting approval of registration. After the trademark is filed, the filing report with the application number, date, and a scanned copy of the complete application is sent to you.

Step 3: Trademark Registration Certificate:

After approval of trademark application by the Trademark Office, the attorneys complete all mandatory tasks to get the registration certificate in Malaysia. When the certificate is obtained, it is sent to your postal address with a registration report including all details such as the registration number, date and any other special consideration to be taken into account in Malaysia.

Will I get any right after having a registered trademark in Malaysia?

The first-to-use rule is valid in Malaysia. Usually, prior use is accepted but a long-term usage can deter a later registration.

On what grounds can a Trademark Application be opposed?

Trademark can be opposed in case of:
  • Proprietary rights
  • Personal name rights
  • Descriptive,Generic and Non-distinctive mark
  • Geographical Indication
  • Registered design
  • Against Public policy
  • Flags, state symbols

Will anyone contest with my trademark?

Yes, anyone can oppose.

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 14 months, provided no objections or oppositions happen.

If I register my trademark in Malaysia, do I have protection in other territories?

The limit is only exist within the Malaysia.

What are the various kinds of trademarks permitted to be registered in Malaysia?

Any sign that can be graphically depicted and can set apart a product/service from its competitors can be registered:

  • Names
  • Slogans
  • Words
  • Devices
  • Holograms
  • Certification and collective marks
  • 3-D shapes

Is sign needed from power of Authority during registration?

No, it is not necessary signature needed from sign of Authority.

When will I have to renew my trademark?

Subsequent renewals should be done every 10 years.

What would be the renewal date for a trademark?

The first renewal date of a trademark registration in Malaysia is 10 years counted from the date of application filing.

What documentation is needed while renewing a trademark?

No documents are to be submitted

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 1 months

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