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- Charlie Seaton, Staff Member
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
About the author
I've studied environmental anthropology at Ramapo College of New Jersey in Mahwah and I am an expert in sampling theory. I usually feel shocked. My previous job was word processing specialist I held this position for 5 years, I love talking about history and collage. Huge fan of Booker T. Washington I practice kickboxing and collect sports cards.
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