CN 
EN 
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 Malaysia 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. A brand owner is advised to register trademark Malaysia to protect the brand that will be used in Malaysia.
3. Criteria:
A trade mark has to fulfil 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
√ – 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 trademark Malaysia.
6. Duration and Renewal:
Once registered, a trademark Malaysia application 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. 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 Malaysia 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. A brand owner is advised to register trademark Malaysia to protect the brand that will be used in Malaysia.
3. Criteria:
A trade mark has to fulfil 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
√ – 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 trademark Malaysia.
6. Duration and Renewal:
Once registered, a trademark Malaysia application is valid for 10 years from the date of application. It may be renewed every ten years thereafter with payment of a renewal fee.
Below are the suggested steps on how to register trademark Malaysia:
1. Trademark Search
Malaysia Trademark Search is a process of performing search by text or image in brand data from multiple national and international sources, including trademarks, appellations of origin and official emblems. Every applicant is encouraged to seek advice from Trademark Agent Malaysia to conduct Malaysia Trademark Search prior to the trademark Malaysia application.
2. Application
Every applicant is required to submit an application with the Malaysia Trademark office
3. Examination
On submission of the application, the trademark Malaysia 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.
4. Publication
A trademark Malaysia which passes through examination will be published in the government gazette subject to the satisfaction of the registrar.
5. Opposition
Third parties can oppose the application within three months of publication.
6. 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 register trademark 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. Filling Application | 140 | 200 |
3. Issuance of Certificate | 220 | 170 |
Total | 830 | |
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
法定声明 | 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 |
