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Trademark | Malaysia

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Trademark

Summary Application Procedure Filing Requirements Charges Documents Required

1. Legislations:
Trade Marks Act 1976 (Act 175), Trade Marks Act (Regulation 1997), Trade Marks Act 1994(Amended) and Trade Marks Act 2000(Amended)

2. Definition:
A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services. A sign includes words, logos, labels, names, letters, numbers or a combination of the above.

3. Criteria:
A trade mark has to fulfill the one of following conditions in order to claim protection as a trademark.

  • the name of an individual, company or firm represented in a special or particular manner;
  • the signature of the applicant for registration;
  • an invented word(s);
  • a word that does not have any direct reference to the character or quality of the goods or services and is not in its ordinary meaning;
  • geographical name or surname; or
  • any other distinctive mark.


4. Membership:
√ – Paris Convention
X – Madrid Protocol

Malaysia is a member of the Paris Convention from 1989, whereby applications from convention countries will be subject to the same priority date in Malaysia. The application for priority has to be made within six months of the first application in a convention country.

5. Rule of Priority:
“First to Use” is the rule followed by Malaysia in determining priority of trademarks.

6. Duration and Renewal:
A trade mark application once registered is valid for 10 years from the date of application. It may be renewed every ten years thereafter with payment of a renewal fee.

1. Application
Every applicant is required to submit an application with the Malaysian Trademark office

2. Examination
On submission of the application, the Trade Marks office will examine the application for statutory compliances. Such examinations could lead to office actions. Applicants will be informed and also given an opportunity to reply to such office actions.

3. Publication
A trade mark which passes through examination be published in the government gazette subject to the satisfaction of the registrar.

4. Opposition
Third parties can oppose the application within three months of publication.

5. Registration
On completion of objections and opposition a Certificate of Registration will be issued by the trade marks office subject to the payment of a fee.

The following information and/or documents are required to file an application for a trademark application in Malaysia:-

1. Application Form (TM 5).

2. Power of Attorney (TM 1).

3. One clear print for a black-and-white mark; 15 prints for a colour mark.

4. A list of goods or services ( which closely follow the Nice International Classification).

5. The full name and address of the applicant, company, country/state of incorporation.

6. A Statutory Declaration from the applicant affirming that they are the proprietors of the mark, to be signed before a Commissioner for Oaths (if signed locally) or before a Notary Public (if signed abroad).

7. For marks that contain non-English words, a certified transliteration and translation.

8. If convention priority is claimed, a certified copy of the priority application (with a certified English translation where documents are not in English).

Items Official Fees (USD) Professional Fees (USD)
1. Search - 100
2. Filing Application 140 200
3. Issuance of Certificate 220 170
TOTAL 830.00

Basic Requirements

Documents Remarks Time of Filing
Statutory Declaration Notarized 2 months from filing.
Mark in the form of foreign characters has to be accompanied with transliteration in English Certified by Translator 2 months from filing.


Additional Documents for Claiming Convention Priority
Documents Remarks Time of Filing
Priority documents Certified copy of the basic application. Documents in any other language has to be provided with its English translation. 2 months from filing


Documents for Filing a Request of Recordals of Assignments and Changes
Documents Remarks Time of Filing
Copy of :
Assignment deed, or
Document of name change
Document of address change
notarized
certified
certified
Anytime after registration


Documents for Filing an Opposition or Counter-Opposition

(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)

Documents Remarks Time of Filing
Copy of registrations in various countries no legalization On filing date
Copy of advertisements/ brochures of the products bearing the mark no legalization; as many and as early as possible On filing date

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