Malaysia - Trademark

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Malaysia
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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.

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