Malaysia’s intellectual property laws generally conform with international standards and provide adequate protection for trade mark owners. The establishment of the Intellectual Property Court in Malaysia bears further testimony to its commitment towards intellectual property protection. Malaysia’s Intellectual Property regime includes both statutory and common law protection.
Malaysia Trademark Duration
A registered trade mark will last for 10 years from the date of application, or priority date if the application is based on a priority claim. A trade mark registration can be renewed every 10 years an unlimited number of times. Registered trade marks may be cancelled on the grounds of non-use if it has not been used for a continuous period of 3 years prior to one month before the date of the application for cancellation.
Trademark Application in Malaysia
Malaysia is a First to Use country.
(whomever first USES a particular trade mark gets the rights)
What Types of Trade Marks can be registered in Malaysia?
A trade mark can be a logo, brand name, slogan, label or a combination of these.
Malaysia does not currently have rules allowing for registration of sounds or scents. Trade marks applications are subject to examinations to determine whether they meet registration requirements.
Approximate Registration Time Table:
Examinations normally take less than 12 months and are followed by publication in the Government Gazette.
Multi-class applications are not permitted. A separate application is required for each class.
Malaysia Trademark Filing Requirements
Representation of a trade mark.
List of goods or services which the mark will cover. (Nice classifications)
Applicant’s name, address, and status and location of incorporation.
A statement affirming that the applicant is the rightful owner of the mark and that the application has been made in good faith. This must be signed with a Commissioner for Oaths (if the applicant is local) or with a Notary Public (if the applicant is abroad).
Certified translation and transliteration. (for marks with non-English words)
Certified copy of the application used for the priority claim. (if priority is claimed)