TRADEMARK IN MALAYSIA
Trademark in Malaysia includes three stages: trademark search in Malaysia, Malaysia Trademark filing and Malaysia Trademark registration. All with affordable fees.
– Stage 1: TRADEMARK SEARCH IN MALAYSIA
|Scope of work: Trademark Search||Word Mark
|Device (logo) And Word Mark
|For the 1st class||120.00||130.00|
|For the 2nd class||110.00||120.00|
|Duration||5-7 days||5-7 days|
– Stage 2: TRADE FILING IN MALAYSIA
|Scope of work: Filing Trademark Application||FEE
|For the 1st class||365.00|
|For the 2nd class||360.00|
* Note: Kindly be informed that Malaysia does not practice multi-class filing system. Therefore, a separate application has to be filed for each additional class of goods and services.
– Stage 3: TRADEMARK REGISTRATION CERTIFICATE IN MALAYSIA
|Scope of work: Obtaining trademark registration certificate||FEE
|For the 1st class||370.00|
|For the 2nd class||340.00|
* Note: Our Fee for Trademark in Malaysia includes all fees (official fee and legal fee); excludes fee for responding to office action, if any.
– 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
– You could read 04 Frequent Questions About Filing Trademark In Malaysia here.
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Or sending your inquiry by filling the form:
What are fee and required documents for recordal of chance of name/address of trademark in Malaysia?Paul - AAA IPRIGHT
In order to record change of name or address of a trademark in Malaysia, you shall need to pay and submit the following documents. 1. Fee for recordal of change of name/address of trademark in Malaysia Please find the cost for filing a recordal of change of name/address below: Description Amount Qty Total Service Fee for recording change of name/address $ 80.00 1 $ 140.00 Disbursement $ 40.00 1 $ 40.00 SST@6% $ 9.00 Official Fee $ 45.00 1 $ 45.00 Total in USD $ 234.00 2. Required Document for Change of Name of trademark in Malaysia Business Registration Certificate which shows the [...]
AAA IPRIGHT would like to introduce receiving department of Intellectual Property Corporation Of Malaysia (MyIPO). Trademark applicant and Malaysia IP Firm are waiting to file new trademark in Malaysia at Intellectual Property Corporation Of Malaysia Look (MyIPO) Front desk of Malaysia at Intellectual Property Corporation Of Malaysia Look (MyIPO) where receive Malaysia trademark applications or Malaysia Patent or other IP matters How Does Intellectual Property Corporation Of Malaysia Look (MyIPO) – You could find the website of MyIPO here. – You could see Fee of [...]
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 Registration In Malaysia, Malaysia Trademark Registration How to have exclusive rights to your trademark in Malaysia? The answer is to register trademark in Malaysia. The following article shall guide the procedure of trademark registration in Malaysia. What should you prepare before applying trademark registration in? You need to prepare the following information: + Sample of trademark to register in Malaysia. Trademark in Malaysia could be Words or Logo. + List out products/services used or traded under the trademark What are steps of [...]
Questions about filing trademark in Malaysia, trademark in Malaysia When filing new trademark in Malaysia, our global clients always raise 04 notable questions about filing trademark in Malaysia: Descriptive part, removal of one part from trademark, use of expired trademark citing against new Malaysia trademark, trademark according to Paris. 1. Is this acceptable for Malaysia Trademark including descriptive part. For example, HDK Good Restaurant does the applicant need to remove the word “Good Restaurant” from the trademark before officially filing new trademark application [...]
Procedure of trademark in Malaysia shall include the following steps: Step 1: Trademark Search in Malaysia (Optional) Trademark search is not compulsory. However, in order to know the availability of your trademark before officially filing a new trademark in Malaysia, it is highly recommended that you should conduct the trademark search. The trademark search in Malaysia shall be available within 5-7 days Step 2: Trademark filing in Malaysia The trademark procedure in Malaysia shall take about 10-12 months counted from the filing date. [...]
Required documents of filing trademark in Malaysia include: + Power of Attorney: Sign only + Other document: Notarized Statutory Declaration for attesting bona fide proprietorship + Sample of trademarks to file in Malaysia + Goods/Services used under the trademark (if you know the International Class, send us your class). Otherwise, we will classify by our own end when receiving the lists of goods/services under the trademark. + Name and address of the applicant Please send us the required documents of trademark in Malaysia to the following [...]
Frequencly Asked Questions
Protecting time of trademark in Malaysia is 10 years from the registration date.
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.
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.
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.
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 fil trademark application in Malaysia.
Malaysia uses the rule “first to use” 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.
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.
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.