Malaysia Trademark Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com
Malaysia Trademark Concept
In Malaysia the legal basis is the Trade Marks Act of 1976. The trademark registration system in Malaysia follows the “First to use” jurisdiction, which means that prior use of a trademark establishes right to a mark. In the “First to use” system trademark registration is not mandatory. However it is advisable, because a trademark that is not registered may be difficult to enforce in cases of infringement.
Malaysia Trademark Registration Requirements
A trademark application can only be filed by a trademark attorney in Malaysia. It is not required for the trademark attorney to be a citizen of, or live in Malaysia. In the case that the applicant is not a citizen of, or are not living in Malaysia, a local address for services must be provided.
In the jurisdiction of Malaysia, if a trademark is or will be used in more than one class of goods and/or services, it is necessary to file a separate application for each class of goods and/or services. To complete the trademark application a statement of use must be provided, along with a power of attorney (POA), date of first use, and a statement of intention to use. A pre-filing search is not mandatory in Canada, nevertheless it is highly recommended.
Once the trademark application is filed with the Malaysian Trademark authority, the authority will conduct an official search with regard to prior trademarks. This procedure can take approximately nine to ten months. After the trademark has been searched by the Trademark authority, the trademark application process starts. The entire trademark application process from filing an application to trademark registration is about 12 to 14 months. This time period is for a normal and smooth prosecution, meaning without any oppositions.
Malaysia Trademark Registration Procedure
The trademark application process in Malaysia begins with the Trademark authority conducting a formal Examination of the trademark application filed. This formal examination involves that the trademark application is examined on conformity with the filing requirements and on whether the descriptions are comprehensible. Additionally, the application is also examined on descriptiveness, distinctiveness, deceptiveness, and on whether there is any conflict with any earlier filed application or registration. After the examination of the trademark application is filed, certain parts of the application are published in the Trade-marks Journal and online. The trademark application is published in Malaysia for opposition purposes and this period begins from the publication date. The opposition period in Malaysia 2 months.
If after publication in the Trade-marks Journal and online there are no oppositions, the applicant is granted exclusive rights to the trademark in Malaysia. A trademark registration is valid for 10 years in Malaysia and starting from the application date. Moreover, a trademark is renewable for 10 years beginning from the date on which the trademark has been filed in Malaysia.
Contact Us
For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82143422, 86-755-82143512, or emailing to anitayao@citilinkia.com