Trademark Registration in Malaysia

In Malaysia, you should protect your trademark by filing the application with Intellectual Property of Corporation of Malaysia governed by Trade Marks Act 1976 and Trade Marks Regulation 1997 (Amendment 2001).

The entire process from filing and application to registration in a straightforward application typically takes around 12 to 16 months to complete.

Details Required

To proceed the trademark application for registration in Malaysia, please provide the following information:

• A good legible copy of the mark emailed to us in .jpg file format
• Detailed list of goods and/or services classified in accordance to the International Classification of goods and services (9th edition)
• Applicant's name, address and nationality
• Whether the trademark is already used or proposed to be used in Malaysia
• Statutory Declaration by an authorized person of the company or individual and to be notarized by a Notary Public. (to be prepared by us upon receiving the above information)

Search

You are strongly advised to conduct a search before submitting applications to avoid applying for identical or similar to trade marks filed earlier.

Procedure

When we have received your application, we will issue a confirmation letter which summarizes the details and specification of the application for your final checking. Please confirm the application by signing on the letter and return to us by fax or email. The application will be filed within 5 working days of receiving the signed confirmation letter, and we will report the filing with a copy of the official filing receipt.

There are 4 stages in the process of examining an application for registration:

• Formality Examination
• Search and Examination
• Publication and Opposition period
• Registration

Your application will first be examined by Trade Mark Office. If there is an objection to the trade marks, you may submit submission in writing or apply for a hearing. If there are no queries, trade marks accepted for registration will be advertised in the Government Gazette to allow any parties to oppose to the registration of the trade mark. If there is no opposition after 2 months from the date of the advertisement, the mark will be registered and a Registration Certificate will be issued.

Validity period of registration

Trademark registration is valid for 10 years from the date of application and may be renewed every 10 years.

Convention Priority

Pursuant to the Paris Conventions, applicants from member countries may claim from other member countries the priority date i.e. the original filing date, provided that the application is made within a period of 6 months from the said date. To claim priority, the application form must state the relevant country, the application number and the priority date claimed. It will also be necessary to furnish a copy of the priority application which displays the date of application. If the priority application is in a language other than English, then a certified translation into English must also be furnished.

Please download application form here.

If you require more information, please contact us at:

Telephone	: (852) 2384 2288
Fax	: (852) 3011 3245
Email	: info@ebrand.com.hk
Address	: Unit 1501, Jubilee Centre, 46 Gloucester Road, Wan Chai, Hong Kong.

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