A trademark registration may be requested by any individual, business organization, institute, or legal body. While it is not required under Malaysian law to register a trademark before utilizing it, it is strongly advised to do so to avoid trademark infringement.
A seamless trademark application procedure in Malaysia takes between 9 and 15 months. The rights granted by a trademark registration become effective on the date the application is submitted.
If the application contains all of the following information/documents, a filing date is assigned depending on the date of receipt:
|➤ The applicant's name and address
|➤ Representation of the trademark (if not in standard typescript)
|➤ List of items or services that will be covered by the trademark registration
|➤ The International Classification applies to the application form for goods or services (TM5)
|➤ A power of attorney
|➤ Statutory Declaration stating that the applicant is the legitimate owner of the applied-for mark
|➤ Priority aspects of the basic application must be revealed for a Convention application
|➤ Convention applications must be filed within six months of the basic application claiming primacy
In Malaysia, the method for filing and prosecuting a trademark application is identical to that of other common-law nations. Each application must be for one mark in one class. The application may include several items or services that fall under the same international class without incurring any additional expenses. If the applied-for mark is approved to the Trademark Office, the Intellectual Property Corporation of Malaysia (MyIPO), it is published in the Government Gazette for public comment. The filing of any opposition is limited to two months. If no resistance is received, the mark is registered. In contrast, after any objections and/or oppositions are resolved, the mark is registered.
Intellectual property rights in respect to a trade mark can be established by actual usage in the marketplace, and registration permits for Registered trade mark owners have the exclusive right to use their marks in commerce. They also have the legal right to sue those who use their marks without their permission under Trade Mark Law. They can pursue legal action or file a complaint with the Enforcement Division for appropriate action under the Trade Description Act of 1972. The registration certificate issued by the Registrar Office is prima facie evidence of trade mark ownership. A certificate of registration is a vital document for establishing ownership of products exported to other nations
To keep your trademark active, you simply need to renew it every ten years.
You can renew your trademark at any time before it expires by submitting Form TME1 to the Registry of Trademarks and paying the official stipulated fee of RM1,000.00. The validity of your trademark may be extended for another ten years upon renewal. You or a Registered Trademark Agent can renew your trademark.