How to trademark in malaysia [Detailed Response]

Last updated : Sept 10, 2022
Written by : Charlie Seaton
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How to trademark in malaysia

How much does it cost to trademark in Malaysia?

How much does it cost? The application itself costs RM 370 per application. You should make the payment either with cash, a check, or bank transfer to Perbadanan Harta Intelek Malaysia. A fee of RM 650 will be added, for the advertisement in the Government Gazette.

How do I apply for a trademark in Malaysia?

  1. Step 1: Design a Trademark.
  2. Step 2: List Down the Goods / Services Under the Trademark and Determine the Classification.
  3. Step 3: Do a Pre-Filing Trademark Search.
  4. Step 4: Identify the Trademark Owner.
  5. Step 5: Prepare and File Trademark Application.

Is it necessary to register trademark in Malaysia?

Registration of a trademark is not necessary, but is highly advisable. This is due to the fact that the statutory rights granted under the TA 2019 to the owner of a trademark apply only to registered trademarks. This includes the right to commence trademark infringement action against the alleged trademark infringer.

How can I trademark my own?

  1. The Principal Register. It's typically wise to apply for registration on the USPTO's Principal Register.
  2. The Bases For Filing.
  3. The Contents of the Application.
  4. Online Filing.
  5. Confirm Filing & Monitor Status.
  6. Respond To Office Actions.
  7. The Mark Is Published.
  8. Submit A Statement Of Use.

How long does a trademark last in Malaysia?

The validity term of a trademark registration in Malaysia is ten years from the date of filing. The Malaysian trademark is subject to renewal every ten years. If the renewal fee has not been paid in due date, late renewal fee should be paid within one month from the expiration date of the last registration.

Can I use TM on my logo in Malaysia?

The symbol of the trademark is TM and the symbol of service mark is SM, only when the mark is already registered you can use the ® symbol beside your mark. You can search for any trademark via MYIPO in Malaysia.

Can I use TM without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

How much does it cost to register a copyright in Malaysia?

No payment or registration is required to receive this form of intellectual property protection for any eligible authored work. Authored works which are eligible for copyright protection in Malaysia are those which fulfill four criteria.

Can I register a trademark without a company?

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

How long does it take to register a trademark in Malaysia?

In Malaysia, a smooth trademark application process takes approximately between 9 – 15 months. The rights conferred by a trademark registration take effect from the date of application being filed.

Who is eligible for trademark?

An individual not doing any business is also eligible to file a trademark application and obtain trademark registration for a word or symbol that is proposed to be used by him/her in the future. When filing trademark application as an individual, the full name of the applicant is required.

When can I start using my trademark?

Once we file the trademark within 1-2 days you may start using the TM symbol and after receiving a certificate you can use the ® symbol.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What are the three requirements for trademarks?

  • Arbitrary, fanciful, or suggestive: If a mark is a part of one of these three categories, the mark is inherently distinctive.
  • Descriptive: A descriptive mark can only be trademarked if it has taken on a second meaning.
  • Generic: Marks that are generic are never trademarked.

Can I trademark my name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

Can I use TM symbol without registering in Malaysia?

Only a registered trademark may use the ® symbol. You may use the TM symbol while waiting for the registration process. Any person who falsely represents a trademark as registered commits an offence and shall, upon conviction, be liable to a fine of not exceeding RM10,000.00.

What is trademark law Malaysia?

Trade mark protection in Malaysia is governed by the Trade Marks Act 1976 and the Trade Marks Regulations 1997. The Act modeled along the Acts of some of the industrialized countries provides effective and adequate protection for registered trade marks in Malaysia.

What are examples of trademark?

  • Under Armour®
  • Twitter®
  • It's finger lickin' good! ®
  • Just do it®
  • America runs on Dunkin'®

What is difference between TM and R?

TM denotes that you are claiming a right to use your brand as a trademark, although it may not yet be registered with the relevant IP office. (R) signifies that your trademark is officially registered with the IP office in the country and for the goods and services that you are using it for.

What is difference between registered and trademark?

A registered trademark is an intangible asset that is used to protect company's investment in the brand or symbol. A TM is a symbol which is used when an application for the trademark is registered with the trademark registry established in 1940. It simply means that one claims to be the proprietor of the trademark.

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How to trademark in malaysia

Comment by Faith Kohr

Thanks for this great article

Thanks for your comment Faith Kohr, have a nice day.
- Charlie Seaton, Staff Member

Comment by devseoc

hello guys and welcome back to ipgenesis we all know that your trademark is an identity for your business it could earn millions or even billions for your company and now you are determined to protect it by all means but trademark registration is often obvious and involves complex legal issues no worries here is the ultimate guide on how to register a trademark in malaysia step 1 design a trademark yes create your eye catchy trademark but bear in mind not all trademark can be registered in order to be registerable your trademark should fulfill all requirements under the malaysian trademarks act 2019. for instance your trademark should be distinctive and should not be describing the nature and characteristics of your products and services so bear this in mind while sketching your creative marks step 2 list down the goods or services and take the class a treatment is protected according to the registered goods and services in another words the list of goods and services is very very important as it determines the scope of protection of your trademark so triple check the list of goods and services of the trademark to ensure that you have everything covered thereafter check which classes these goods and services fall under and choose the classes that you wish to cover and do cover as much as you can step 3 do a pre-following trademark search so now your trademark is ready and you wish to go ahead with the trademark application but don't rush let's do a search and see if anyone found a same or similar mark first a pre-filing trademark search can evaluate the chances of success of your trademark registration before the official following google search may give you a glimpse of whether someone uses your mark on the internet but the database in the government trademark registry is the one for those who has claimed the exclusive legal rights on a trademark although you may try to do this search by yourself it is still advisable to seek for professional assistance this is because a trademark search is not as simple as just typing in the name and track the result it also involves comparison of the details of the cited mark with your intended trademark application which may require some professional analysis and input step 4 identify the trademark owner legally anyone can be a trademark owner provided you are the bonafide proprietor of the trademark the decision on choosing the right owner for a trademark registration should be a strategic one being the creator of the trademark does not always mean you must be the owner of the trademark the owner of a trademark can be an individual company or other organization it can even be jointly owned by two or more owners in this case it is better to have a co-ownership agreement among the owners to determine each other's rights and remedies step 5 prepare and file trademark application here comes the moment you have been waiting for the official following but before this please prepare the following information full name of the trademark applicant full address of the applicant list of goods and services provided under the trademark class number soft copy of the trademark in high resolution priority information if priority right is being claimed and certified translation of the trademark if it contains non-roman characters once the information is ready we may proceed the application by following the relevant official forms and paying the official filing fee now your application has been solved upon filing each application will be allocated with a unique application number please keep this number as it will be an important reference in future while waiting for the examination process you may use the tm sign with your trademark step 6 examination by trademark examiner in malaysia the examination of a trademark application takes about 9 to 12 months why so long this is because the registrar receives 30 to 40 000 new trademark applications every year the registrar has to manually examine each of the application hence we have to be a little bit patient on this after following the trademark application the registrar of trademarks will conduct formality examination to verify the documents and information you submitted once the formality requirements have been compiled the registrar will conduct substantive examination on the trademark to examine the registrability of the mark under requirements of the trademarks act 2019 however if your trademark application is found not fulfilling any requirements the registrar will issue a provisional refusal notice and you will be given opportunity to respond to the same refusal step 7 publication in malaysian ip official journal once the registrar finds your trademark fulfills all the requirements your trademark will be accepted and it will proceed to the advertisement in the malaysian ip official journal within two months from the date of advertisement the public is given the opportunity to oppose your trademark registration if someone opposes your trademark the trademark application will then enter into a separate lengthy opposition proceeding to determine the registration on the other hand if no opposition is filed your trademark will be registered in respect of the goods or services step 8 registration of trademark congratulations you are now the registered proprietor of your trademark at this point the registrar shall issue a notification of registration of the trademark with the seal of the registrar you may also request to have a certificate of registration together with the payment of the prescribed fee now you may use the r sign with your trademark the trademark is now protected and the proprietor is granted exclusive use on the trademark in respect of the registered goods or services for a period of 10 years from the date of falling this production is forever as long as it is renewed every 10 years so please remember to record the expiry date into your calendar voila the 8 steps to register your trademark in malaysia however please note that these 8 steps are applicable to smooth trademark registration process only the process fees and timeline will be different if there is any office action or objection therefore it is advisable to consult a competent trademark agent or attorney when it comes to trademark registration to avoid any unnecessary refusal or office section at the first place have further doubt let us know in the comment below or send us an email remember to give this video a like share it with your friends and click subscribe for more interesting video about intellectual property take care and see you soon

Thanks devseoc your participation is very much appreciated
- Charlie Seaton

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