The procedure of trademark renewal in Malaysia
Malaysia and other countries in Southeast Asia have quite different regulations on intellectual property rights. However, the similarity is that every registered trademark has a period of validity. When a trademark is about to expire soon, the owner of the trademark is usually given a period of time to go through the necessary official procedures.
How long are registered trademarks in Malaysia protected?
For 10 years from the date of registration, a registered trademark is legal. Registration may be renewed indefinitely as long as the renewal fee is paid in due time.
When to apply for renewal of trademark registration?
- An application to renew the validity of trademark registration in Malaysia must be submitted within 3 months prior to the expiry date of the mark’s validity. The renewal application is made on the form TM-12 and submitted through the Malaysian Representative.
- An application for renewal of validity may be filed after the expiry date of the trademark, but no later than one month from the expiration date. Late applications are made on form TM-13.
Notes before applying for trademark renewal registration:
- In order to extend the validity of a Trademark Registration Certificate, within 06 months before the expiry date of the Trademark Registration Certificate, the holder of the Trademark Registration Certificate must file a request for renewal directly or through an Intellectual Property Representative.
- An application for renewal may be filed later than the time limit specified above but must not exceed 06 months from the date of expiration of the certificate of trademark registration and the holder of the certificate of trademark registration must pay the renewal fee. plus 10% renewal fee for each month of late payment.
What are the legal consequences of not renewing the trademark?
If the registered trademark is not renewed between 3 months before the expiration date until one month after the expiration date, the trademark will be invalidated in Malaysia. In this case, any third party can register or use the trademark.
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