Trademark Search in Malaysia

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

The average time frame for applications without opposition is 12 to 18 months.

If I register my trademark in Malaysia, do I have protection in other territories?

The territorial limit of registration is all throughout Malaysia.

Do I need to sign a Power of Attorney?

No, a power of attorney is not required.

Are there any benefits from a pre-filing use of the trademark?
  • Pre-filing use may demonstrate acquired distinctiveness
  • Pre-filing use may help overcome an objection to a trademark application on the basis of non-distinctiveness
Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

What are the types of trademark that can be registered in Malaysia?
  • names
  • devices
  • words
  • certain three-dimensional shapes
  • slogans
  • colours
  • trade dress/get-up
  • sounds
  • motion
  • holograms
  • service marks
  • certification marks
What are the phases of application after a trademark has been filed in Malaysia?

The order of the application process is as follows:

  1. Examination of the application in respect to:
    1. formalities
    2. classification
    3. clarity
    4. descriptiveness
    5. distinctiveness
    6. deceptiveness
    7. conflict with prior registration
    8. whether any limitations or disclaimers need to be imposed
  2. Publication of the application particulars:
    1. mark
    2. name of applicant
    3. address of applicant
    4. application number
    5. application date
    6. goods/services
    7. priority claim information
    8. representation of trademark
  3. Registration
What type of trademark is not registrable?
  • generic terms
  • marks that contradict moral standards or public order
  • non-distinctive trademarks
  • names, flags or symbols of states, nations, regions, or of international organizations
  • marks that function principally as surnames
  • marks that function principally as geographic location names
  • the following words or phrases:
    • "To counterfeit this is a forgery"
    • "Registered Trade Mark"
    • "Registered Service Mark"
    • any words to the like effect in any language
  • the words "Bunga Raya" and the representation of the hibiscus or any colourable imitation thereof
  • representations of or words referring to the:
    • Sri Paduka Baginda Yang Di-Pertuan Agong
    • Ruler of a State
    • any colourable imitation thereof
  • the representation of any of:
    • the royal palaces
    • any building owned by the federal government or state government or any other government
    • any colourable imitation thereof
  • the following words or signs:
    • "ASEAN"
    • the ASEAN logotype
    • any colourable imitation thereof
  • the following words or signs:
    • "Red Crescent"
    • "Geneva Cross"
    • representations of the Red Crescent, the Geneva Cross and other crosses in red
    • representations of the Swiss Federal Cross in white or silver on a red ground
    • any representations in a similar colour or colours
Does Malaysia use the "Nice Classification" system?

Malaysia uses the Nice Classification System.

Does the Community Trademark apply for Malaysia?

The Community Trademark, currently known as the European Union Trademark, is not effective in Malaysia.

Is there any possibility to claim priority in Malaysia?

Priority application can be claimed:

  • If an applicant's home country is a member of the Paris Convention
  • If the home application was filed within six months prior the application in Malaysia
What do I need to do to satisfy the use requirement?

A trademark must be used within three years from one month before the application date. The amount of use must be on a commercial scale and must occur in Malaysia.

Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years calculated from the application date.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is it legal to use my trademark even if it is not yet registered?

It is legal to use unregistered marks for any goods or services.

Does having a registered trademark in Malaysia give me any right?

Registration is not necessary to secure rights to a trademark; prior use is sufficient. Malaysia follows the "first to use" rule.

What is the web address of the trademark national office?

The national office is available online at the following URL: http://www.myipo.gov.my/.

Is there any need to use my trademark before I apply for registration?

Yes, applicants are required to have actual use or intent to use the mark for the application to be accepted.

Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • breach of copyright
  • proprietary rights
  • the mark is generic
  • the mark is functional
  • the mark is descriptive
  • rights in a personal name
  • the mark is not distinctive
  • rights under Article 6ter of the Paris Convention
  • rights under Article 8 of the Paris Convention
  • rights under Article 6septies of the Paris Convention
  • rights under Article 6bis of the Paris Convention
  • registered design rights
  • the mark consists of a geographical indication
  • the mark is misleading, deceptive or disparaging
  • the mark is against public policy or principles of morality
Who can contest my trademark application?

Anyone may oppose an application.

Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • proprietary rights
  • the mark is descriptive
  • the mark is misleading, deceptive or disparaging
  • the mark is not distinctive
  • breach of copyright
  • the mark is functional
  • notorious or well-known mark
  • protected armorial bearings, flags and other State emblems
  • trade names
  • registration in the name of the agent or other representative of the proprietor of the mark
  • rights in a personal name
  • registered design rights
  • the mark consists of a geographical indication
  • the mark is against public policy or principles of morality
  • the trademark registration grant was obtained in a fraudulent manner
  • the mark is generic
Are there any rights established by having a registered trademark?

The following rights are established by registration:

  • the exclusive right to use the registered trademark
  • the right to license other third parties to use the trademark
  • the right to bring a cancellation action against a later conflicting registration
  • the right to oppose later conflicting applications
  • the right to obtain damages for infringement
  • the right to sue for infringement against confusingly similar third party trademark use
  • the right to apply for seizure by customs authorities for importation of counterfeit goods
How long is the opposition period?

The opposition period begins on the date the application is published in the Gazette.

 

The opposition period ends two months after the date of publication of the application in the Gazette.

Is Malaysia a member of the Madrid System?

Malaysia is not a party to either the Madrid Agreement or the Madrid Protocol. This jurisdiction may not be designated in international applications.

Do I need to present periodic statement of use?

Periodic statements of use are not required.

When should I renew my trademark?

Subsequent renewals last for 10 years from the renewal date of the registration.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is there any documentation that should be presented when renewing a trademark?

None. There’s no need for any documentation when renewing a trademark registration.

If my trademark expires, do I have a grace period?

The grace period after the renewal date has expired is one month

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