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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 14 months, if no objections or oppositions arise.
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If I register my trademark in Malaysia, do I have protection in other territories?
The territorial limit of registration is all throughout Malaysia.
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Do I need to sign a Power of Attorney?
No, a power of attorney is not required.
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Are there any benefits from a pre-filing use of the trademark?
- Pre-filing use may demonstrate acquired distinctiveness
- Pre-filing use may help overcome an objection to a trademark application on the basis of non-distinctiveness
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Malaysia?
- names
- devices
- words
- certain three-dimensional shapes
- slogans
- colours
- trade dress/get-up
- sounds
- motion
- holograms
- service marks
- certification marks
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What are the phases of application after a trademark has been filed in Malaysia?
The order of the application process is as follows:
- Examination of the application in respect to:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- whether any limitations or disclaimers need to be imposed
- Publication of the application particulars:
- mark
- name of applicant
- address of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
- Registration
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What type of trademark is not registrable?
- generic terms
- marks that contradict moral standards or public order
- non-distinctive trademarks
- names, flags or symbols of states, nations, regions, or of international organizations
- marks that function principally as surnames
- marks that function principally as geographic location names
- the following words or phrases:
- "To counterfeit this is a forgery"
- "Registered Trade Mark"
- "Registered Service Mark"
- any words to the like effect in any language
- the words "Bunga Raya" and the representation of the hibiscus or any colourable imitation thereof
- representations of or words referring to the:
- Sri Paduka Baginda Yang Di-Pertuan Agong
- Ruler of a State
- any colourable imitation thereof
- the representation of any of:
- the royal palaces
- any building owned by the federal government or state government or any other government
- any colourable imitation thereof
- the following words or signs:
- "ASEAN"
- the ASEAN logotype
- any colourable imitation thereof
- the following words or signs:
- "Red Crescent"
- "Geneva Cross"
- representations of the Red Crescent, the Geneva Cross and other crosses in red
- representations of the Swiss Federal Cross in white or silver on a red ground
- any representations in a similar colour or colours
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Does Malaysia use the "Nice Classification" system?
Malaysia uses the Nice Classification System.
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Does the Community Trademark apply for Malaysia?
The Community Trademark, currently known as the European Union Trademark, is not effective in Malaysia.
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Is there any possibility to claim priority in Malaysia?
Priority application can be claimed:
- If an applicant's home country is a member of the Paris Convention
- If the home application was filed within six months prior the application in Malaysia
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What do I need to do to satisfy the use requirement?
A trademark must be used within three years from one month before the application date. The amount of use must be on a commercial scale and must occur in Malaysia.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
It is legal to use unregistered marks for any goods or services.