07 Notes To Malaysia Trademark Registration You Should Know

07 Notes To Malaysia Trademark Registration You Should Know, Notes To Malaysia Trademark Registration

07 Notes To Malaysia Trademark Registration You Should Know

07 Notes To Malaysia Trademark Registration You Should Know, Notes To Malaysia Trademark Registration

07 Notes To Malaysia Trademark Registration You Should Know, Notes To Malaysia Trademark Registration

When registering trademark in Malaysia, individuals and organizations should understand about Malaysia trademark law and procedure of Malaysia trademark registration. The following article will provide 07 Notes To Malaysia Trademark Registration You Should Know. 

Definition of Trademark in Malaysia

A sign is a trademark used to distinguish goods/services of different organizations and individuals and it can contain factors such as words, names, devices, colors, slogans, holograms, especially a trademark can be sounds, smells, trade dress but it must be reproduced in the graphical form such as musical notation. Therefore, a sign wants to become a trademark, it must satisfy following conditions: It must be visible; It has capability of distinguishing goods/services of different organizations and individuals.

Malaysia Trademark Filing system: First to file or First to Use

Being different from other countries such as Vietnam, Philippines, Thailand, Laos which applied the rule “first to file’, the rule “first to use” is utilized in Malaysia to determine the time of rights for trademark established.

This means that rough the use of the trademark, they can have rights and benefits with their trademark in fact, no matter anyone registers such trademark in by the Trademark Division before them. However, when dealing with infringement, the holder must spend a lot of money to prove their ownership. That is why registering the trademark is necessary as an evidence for the prove. Besides, there are many countries which also applies this rule such as United States, Myanmar, Brunei, Hong Kong SAR, India, Australia, New Zealand, Singapore and Canada.

Importance of trademark registration in Malaysia

In Malaysia, trademark registration is not forced with anyone and using an unregistered trademark is legal. Especially, rights for the trademark originate from the use of trademark. However, as said above, the registration is extremely essential for the owner, and it brings many benefits to the holder. For example, it can help the holder easily prove the ownership and validity in order to tackle the infringement from using the trademark illegally and generate royalty for others in licensing. Hence, this helps the holder save much cost to deal with these things.

Importance of trademark search in Malaysia

Before registering the trademark filing a trademark application to the Trademark Office, a private pre – filing search is recommended. This can help the holder save time, effort and even state fees in order to consider and decide whether they should file trademark application in Malaysia. You could see Malaysia trademark search fee here.

Timeframe of trademark registration in Malaysia

Time frame of registering Trademark is often from 12 to 18 months approximately. After this period, the holder shall receive the protection certificate of their trademark if registering the trademark successfully.You could see Malaysia trademark fee here

Rights of trademark holder in Malaysia

After registering the trademark successfully, the owner will have following rights: exclusive right to use registered trademark, right to oppose subsequent conflicting applications, right to request cancellation against subsequent conflicting applications, right to license the third party using the trademark, right to claim customs authority for seizure of counterfeit goods and right to assign Trademark in other countries which are members of Paris Convention.

It can be seen that the rights above bring total protection for the trademark. The owner does not hardly prove for ownership when an infringement occurs because the trademark is registered in this jurisdiction.

Proving the use of the trademark in Malaysia

Although the proof of the use is not compulsory in Malaysia, the holder needs to use their trademark in practice to protect their trademark. The reason is because if the trademark is not utilized by the owner within the following 3 years from one month before the application date., their trademark can be attacked on the ground of non-use. In this case, if others give requirement of cancelation to the Trademark Division, the holder is able to loss their trademark if they do not prove the use of trademark by commercial actions such as advertising, establishing business locations or at least providing a single sale. Therefore, if not have proof for the use for five consecutive years, the effectiveness of the trademark shall be terminated upon request of other third party.

Agreements which Malaysia joined

With the economic integration, taking part in international agreements and treaties relating to trademark such as Paris Convention; Nice Agreement; Vienna Agreement, Madrid Protocol, make the protection for the trademark in Malaysia better for international applicants filing application in host country and national applicants filing their trademark application to other countries.  Moreover, with being a member of Paris Convention and Madrid Protocol, the holder can register their trademark in other countries through WIPO and enjoy the priority for the first application filed in the host country with 6 months priority.

– You can check FEE OF TRADEMARK IN Malaysia HERE.

– You could visit here to see Procedure of Malaysia Trademark Registration.

– You could visit here to check the required documents for filing trademark in Malaysia.

– Other questions of trademark in Malaysia here.

– You could also check the trademark fees in ASEAN countries here. All with affordable fees.

– You could also check the trademark fees in ASIA here. All with affordable fees. 

Contact AAA IPRIGHT: Email: [email protected]

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