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Registering a trademark in Malaysia is an essential legal step for businesses seeking to protect their brand in a fast-growing market. Malaysia is a member of ASEAN and the Madrid Protocol, offering a robust framework for intellectual property protection. This guide outlines the steps for Malaysia trademark registration, including document requirements and the registration process.
What Qualifies as a Trademark in Malaysia?
A trademark in Malaysia can include any sign that distinguishes the goods or services of one entity from another. Eligible trademarks include:
- Words or letters
- Logos or symbols
- Shapes (including 3D designs)
- Colors or combinations thereof
- Sounds
To qualify for registration, a trademark must be distinctive and not conflict with existing registered marks in Malaysia.
Essential Documents for Registering a Trademark in Malaysia
To register a trademark in Malaysia, the following documents are required:
- Trademark Application Form: Submitted to the Intellectual Property Corporation of Malaysia (MyIPO).
- Trademark Specimen: A clear image of the trademark.
- List of Goods and Services: Classified under the Nice Classification.
- Power of Attorney: If filed by a representative.
- Fee Payment Receipts: Proof of payment for registration fees.
Foreign applicants must file their application through a licensed intellectual property agent in Malaysia.
Methods of Filing a Trademark Application in Malaysia
You can file a trademark application in Malaysia through MyIPO either in person or via the online system.
Paper Filing
Submit the completed application form and required documents at MyIPO’s office.
Online Filing
MyIPO provides an online filing system where applicants can submit their applications electronically. Foreign applicants must appoint a local representative.
Step-by-Step Trademark Registration Process in Malaysia
The registration process in Malaysia typically takes between 12 to 18 months. The stages include:
- Filing the Application: Submit the application form and pay the required fees.
- Examination: MyIPO conducts a formality and substantive examination of the application (6-8 months).
- Publication: The trademark is published in the MyIPO Gazette for opposition (2 months).
- Registration: If no opposition is filed, the trademark is registered, and the certificate of registration is issued.
The Importance of Conducting a Trademark Search Before Filing
It is advisable to conduct a trademark search in Malaysia before submitting your application. This search helps to avoid potential conflicts with existing registered marks.
A trademark search allows you to:
- Identify any similar or identical marks already registered.
- Ensure your trademark is distinctive.
- Prevent costly rejections.
Why Trademarks in Malaysia Get Rejected
The most common reasons for trademark rejection in Malaysia include:
- Lack of Distinctiveness: Marks that are too generic or descriptive are often refused.
- Similarity to Existing Marks: Trademarks that are too similar to existing registered marks may be rejected.
Duration and Renewal of a Trademark in Malaysia
Once registered, a trademark in Malaysia is valid for 10 years from the filing date. The registration can be renewed every 10 years by paying the renewal fees.
Why Choose ASL LAW for Your Trademark Registration in Malaysia?
ASL LAW offers expert legal services for trademark registration in Malaysia, helping you navigate the entire process smoothly. Our experienced team ensures that all documents are properly prepared and submitted in accordance with Malaysian intellectual property laws.
References:
- Legal 500: Recognizes ASL LAW as a leading IP firm for handling ASEAN and international trademark matters.
- WTR (World Trademark Review): Highlights Lawyers Pham Duy Khuong and Do Ba Thich for their expertise in trademark law and enforcement across Malaysia and Southeast Asia.
Conclusion
Registering a trademark in Malaysia is a crucial step in protecting your brand and intellectual property. By following the steps in this guide and seeking assistance from professionals like ASL LAW, you can ensure that your trademark is successfully registered and legally protected.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
