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Malaysia is a vibrant business hub in Southeast Asia, and protecting your trademark in Malaysia is essential for brand security. This guide will explain the procedure of trademark application in Malaysia, providing detailed steps to safeguard your intellectual property.
What Can Be Registered as a Trademark in Malaysia?
A trademark in Malaysia includes any visible sign that distinguishes the goods or services of one entity from those of another. Eligible signs include:
- Words or letters
- Logos or symbols
- 3D designs or shapes
- Sounds, colors, and even smells (non-traditional trademarks)
Key Documents Required for Trademark Application in Malaysia
To file a trademark application in Malaysia, the following documents are required:
- Trademark Application Form: Submitted to the Intellectual Property Corporation of Malaysia (MyIPO).
- Trademark Specimen: A representation of the trademark.
- List of Goods and Services: Classified under the Nice Classification.
- Power of Attorney: Required if the application is filed through a representative.
Step-by-Step Procedure for Filing a Trademark Application in Malaysia
1. Filing the Application
Submit the application to MyIPO either online through their e-Filing system or by mail.
2. Examination
MyIPO conducts both a formality examination and a substantive examination to ensure the mark is registrable under Malaysian law.
3. Publication
If the mark passes the examination, it is published in the Government Gazette for a two-month opposition period.
4. Issuance of Trademark Registration Certificate
If no oppositions are raised, or if oppositions are resolved, the Trademark Registration Certificate is issued.
Duration and Renewal of Trademark Protection in Malaysia
A trademark in Malaysia is valid for 10 years from the date of filing and can be renewed for successive 10-year periods. Renewal should be done within six months before expiration.
Why Choose ASL LAW for Your Trademark Registration in Malaysia?
ASL LAW offers tailored trademark registration services, ensuring that your Malaysia trademark application is completed accurately and in accordance with local laws.
Conclusion
Registering a trademark in Malaysia is essential for protecting your brand in this competitive market. With the help of ASL LAW, your application can be handled seamlessly, safeguarding your intellectual property.
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.
