How To Register A Trademark In Malaysia

A registered trademark can also be invalidated by the court on application by an aggrieved person based on absolute or relative grounds under the act fraud or misrepresentation in the procurement of the registration.

How to register a trademark in malaysia. Registration is not necessary to secure rights to a trademark. An entrepreneur in malaysia needs to select a trademark in order to properly function on the market and to be easily recognized. There s much material available online and you can also get help from myipo which is the authority managing trademark registrations in malaysia. If not apply to register it and pay the appropriate fees. First search the malaysian trademark database to see if your mark is taken.

Malaysian trademark law divides businesses into classes. To gain full protection you must register your trademark in every class that you want covered. Doing so will bring about the registration of a trademark in malaysia. Applicant can be also be a partnerships company or society. How to select a suitable trademark.

In general and to a certain extent both registered and unregistered trademarks are protected in malaysia. It is advisable to think twice at this stage to identify the desired owners so that we could avoid the extra cost to transfer the trademark ownership in future unless necessary. The trademark registration won t set you back rm 1020 if everything goes according to plan. Prior use is sufficient. Sign any letter word name signature numeral device brand heading label ticket shape of goods or their packaging color sound scent hologram positioning sequence of motion or any combination thereof.

Pursuant to the malaysian trademarks act 2019 it is permissible to register the trademark in the name of individual company or other organisation. In malaysia trademark rights can be gained by registration. The applicant needs to provide the necessary documentation which must contain details about the company the products covered by the. Registering a trademark in malaysia brings many similarities to the processes used in hong kong. If the logo was adopted by the company it is time to register the trademark and to consider the main conditions in this matter.

After the trademark is filed the filing report with the application number date and a scanned copy of the complete application. The next step is that an attorney files for your particular trademark registration in malaysia and fulfils all needed steps in the trademark office for getting approval of registration. A trademark can be registered by an individual who is a citizen of malaysia or a foreigner who holds permanent resident status and he she resides in malaysia. Malaysia follows the first to use rule.