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Malaysia Trademark Registration 

 
Attorneys - Malaysia
 
Welcome:

My name is Khairul Azam Bin Mohd Nilam and I'm the representative Attorney in Malaysia.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Malaysia through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • 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.

     

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

    The territorial limit of registration is all throughout Malaysia.

  • Do I need to sign a Power of Attorney?

    No, a power of attorney is not required.

  • 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
  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • 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
  • What are the phases of application after a trademark has been filed in Malaysia?

    The order of the application process is as follows:

    1. Examination of the application in respect to:
      1. formalities
      2. classification
      3. clarity
      4. descriptiveness
      5. distinctiveness
      6. deceptiveness
      7. conflict with prior registration
      8. whether any limitations or disclaimers need to be imposed
    2. Publication of the application particulars:
      1. mark
      2. name of applicant
      3. address of applicant
      4. application number
      5. application date
      6. goods/services
      7. priority claim information
      8. representation of trademark
    3. Registration
  • 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
  • Does Malaysia use the "Nice Classification" system?

    Malaysia uses the Nice Classification System.

  • Does the Community Trademark apply for Malaysia?

    The Community Trademark, currently known as the European Union Trademark, is not effective in Malaysia.

  • 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
  • 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.

  • 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.

  • What will be the renewal date of my trademark?

    The first renewal date of a registration is 10 years from the application filing date.

  • 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.


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