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Trademark in Malaysia

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Malaysian trademarks

Multiple-class applications
In Malaysia, applications for trademarks in multiple classes are permitted. Malaysia's filing requirements
The following information must be given to the Intellectual Property Corporation of Malaysia in order to get the filing date-

  • The applicant's details
  • The representation of a trademark and
  • The list of goods or services.
  • The Power of Attorney is not needed to register a trademark.
  • If convention priority is asserted, a certified copy of the Priority Document is required, ideally within less than one month of the trademark application's submission, together with a certified English translation of any papers that are not in English.
Malaysian trademark application review, publishing, and opposition
In Malaysia, trademark applications must pass a rigorous and in-depth review. A trademark application is published in the Journal once it has been approved by the Registrar. Within two months of the application's publication date, anyone may contest the registration of a trademark.
Grant, duration of validity, and renewal of a trademark
Within two months of receiving the Notice of Invitation for Publication, the official grant fee must be paid. In Malaysia, a trademark registration is valid for ten years following the filing date. Every ten years, the Malaysian trademark is up for renewal. If the renewal money was not paid by the deadline, a late renewal fee must be paid within a month of the previous registration's expiration date.
Duration of the registration process
In Malaysia, it takes 12 to 18 months on average for a trademark to be processed from filing to registration.
Use requirement
If a trademark registration has not been used for a continuous period of three years prior to the month preceding the application for cancellation, it may be cancelled in Malaysia on the basis of non-use by any aggrieved party.
Using a trademark attorney as representation
To register a trademark in Malaysia, foreigners must hire an agent who is a licensed Malaysian trademark attorney.

Charges

Each application for the application itself costs RM 370. You should pay Perbadanan Harta Intelek Malaysia with cash, a cheque, or a bank transfer. The cost of the advertisement in the Government Gazette would be an additional RM 650. The entire cost of the trademark registration is RM 1020.

Procedure

  • Conducting a thorough investigation or trademark search- Before submitting your application, we will research the already-registered trademarks in your sector and surrounding area to make sure there are no inconsistencies. An assessment and analysis of the registration feasibility are included in the final report.
  • Making the registration request submission- The Registrar of Trademarks in Malaysia will receive your trademark application after it has been prepared and submitted by us. Clarifications may be requested during the normally shorter than 12-month evaluation period by the Registrar.
  • Getting the registration certificate- If your proposed trademark is not opposed, the opposition is dropped, or the decision is in the applicant's favour, your trademark is successfully registered, and you will be given a certificate of registration that is good for ten years.

FAQ

In Malaysia, how much does it cost to register a trademark?
Each application for the application itself costs RM 370. You should pay Perbadanan Harta Intelek Malaysia with cash, a cheque, or a bank transfer. The cost of the advertisement in the Government Gazette would be an additional RM 650. The entire cost of the trademark registration is RM 1020.

The significance of trademarks in Malaysia
If your company has a trademark, you have the legal right to defend your brand against anyone who might use something that is confusingly similar to it. Businesses in Malaysia seek for trademarks primarily for this purpose.
Self-Registering a Trademark
On its website, the United States Patent and Trademark Office (USPTO) offers applicants a trademark application form and instructions that guide them through the procedure. In some circumstances, registering a trademark is simple, and doing it alone most likely wouldn't cause any problems.
How long does it take in Malaysia to register a trademark?
A smooth trademark application procedure in Malaysia takes between 9 to 15 months. A trademark registration's rights become effective as of the filing date of the application.
In Malaysia, how can I register my logo?

  • Create a trademark as the first step.
  • List the goods and services covered by the trademark and decide on their classification in Step 2.
  • Do a Pre-Filing Trademark Search in Step 3
  • In Step 4 determine who owns the Trademark.
  • Prepare and submit a trademark application in step 5.

Can I use TM in Malaysia on my logo?
The trademark symbol is TM, while the service mark symbol is SM. You can only use the ® symbol next to a mark that has previously been registered. Through MYIPO, you may look up any trademark in Malaysia.
Can my logo include TM?
Regardless of whether a trademark registration application has been made or the trademark is already registered, the owner may use the TM symbol. Even if a request to register the mark is turned down, the owner may still utilize the TM symbol.
In Malaysia, how long is a trademark valid?
In Malaysia, a trademark registration is valid for ten years following the filing date. Every ten years, the Malaysian trademark is up for renewal. If the renewal money was not paid by the deadline, a late renewal fee must be paid within a month of the previous registration's expiration date.
In Malaysia, what can be trademarked?
  • A distinctive logo or symbol,
  • Picture,
  • Name,
  • Signature,
  • Word,
  • Letter,
  • Number, or
  • Any combination of these.
What cannot be registered in Malaysia as a trademark?
Not resemble another registered trademark in an identical manner or in a confusing manner. not include anything that could lead to public confusion. not include false information on the effectiveness or quality of the products or services. be able to be graphically portrayed.
Do trademarks ever expire?
Trademarks have no specified expiration date, unlike patents and copyrights. As long as the owner uses a trademark, it will continue to exist. The owner of a registered trademark must continue to use it in regular commerce after the United States Patent and Trademark Office (USPTO) awards registration.
What items are not Trademarkable?
The Act's Sections 13 and 14 provide that specific name trademarks cannot be registered. It is not possible to register trademarks that contain a word that is often used to refer to a particular chemical element or chemical compound in relation to a chemical substance or preparation.
Is Malaysian trademark tax deductible?
It is suggested that costs associated with patent and trademark registration in the nation be permitted as a deduction for the purposes of calculating income tax in order to support innovation and intellectual property development among small and medium-sized enterprises (SME), in line with the Government's objective.
Can I use the TM mark in Malaysia without registering?
The ® symbol may only be used with a registered trademark. During the time that you are awaiting registration, you may use the TM emblem. Falsely representing a trademark as registered is illegal, and anyone found guilty are subject to a fine of up to RM10,000.00.
Trademarks or Registered, what come first?
When a trademark application is still being processed, which could take anywhere from 6 to 16 months, you are only permitted to use the TM symbol. Once approved, you can start using the registered symbol right away. Although doing so carries some risk, you are not required to register your brand.
How can I legally guard my logo?
By submitting a USPTO trademark registration, a special logo can be protected. If the business for which they are permitted to file is primarily situated in the United States, anyone may apply online at the USPTO. A patent attorney will be needed to make the filing if the company is headquartered outside of the US.
Do I need to trademark every design I create?
You must have developed the design or had the copyright transferred to you in writing in order to be protected by copyright; however, you do not need to exploit the design for commercial purposes. A design patent safeguards an item's decorative design components, such as those on a smartphone or light.
How soon may I begin utilizing my trademark?
You can start using the TM symbol after we submit the trademark within 1-2 days, and you can use the ® symbol once you've received a certificate.
In Malaysia, who may file for a trademark?
A person, a company, or a business. He must either be using or intending to use the trademark in the course of business, or he must have approved or plans to authorize another person to use the trademark in the course of business, according to Section 17(1) of the TA 2019.
What makes a trademark necessary?
Protecting your brand's identity through trademarking is a crucial step. It will prevent rivals from copying your brand and stealing your clients. If those copycats do anything that hurts your reputation, it might also provide you with some protection.
The significance of trademarks in Malaysia
If your company has a trademark, you have the legal right to defend your brand against anyone who might use something that is confusingly similar to it. Businesses in Malaysia seek for trademarks primarily for this purpose.
Can my logo have a TM on it?
The TM Symbol can be used to claim a trademark on any item, however the registered trademark symbol (R) cannot be used unless the trademark has been filed with the US Patent and Trademark Office.
What distinguishes copyright from a trademark?
The rights of those who produce literary, theatrical, musical, artistic, and specific other intellectual works are generally protected by copyrights (like history tests, and software code). The use of a company's name, product names, brand identification (such as logos), and slogans are all protected by trademarks.
Can a trademark be used without being registered?
Trademarks that have not been registered under the Act are considered unregistered. Unregistered trademarks are nevertheless able to be used in connection with products and services, but they are not protected by the Act. However, common law might provide protection for unregistered trademarks.

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