English
The average time frame for the registration approval is 14 months, if no objections or oppositions arise.
The territorial limit of registration is all throughout Malaysia.
No, a power of attorney is not required.
- 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
Attack on the ground of non-use is available.
- names
- devices
- words
- certain three-dimensional shapes
- slogans
- colours
- trade dress/get-up
- sounds
- motion
- holograms
- service marks
- certification marks
The order of the application process is as follows:
- Examination of the application in respect to:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- whether any limitations or disclaimers need to be imposed
- Publication of the application particulars:
- mark
- name of applicant
- address of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
- Registration
- 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
Malaysia uses the Nice Classification System.
The Community Trademark, currently known as the European Union Trademark, is not effective 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
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.
The initial term of a registration is 10 years calculated from the application date.
The first renewal date of a registration is 10 years from the application filing date.
It is legal to use unregistered marks for any goods or services.
Registration is not necessary to secure rights to a trademark; prior use is sufficient. Malaysia follows the "first to use" rule.
The national office is available online at the following URL: http://www.myipo.gov.my/.
Yes, applicants are required to have actual use or intent to use the mark for the application to be accepted.
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
Anyone may oppose an application.
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
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
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.
Malaysia is a member of the Madrid Protocol. This jurisdiction may be designated in international applications.
Periodic statements of use are not required.
Subsequent renewals last for 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the application filing date.
None. There’s no need for any documentation when renewing a trademark registration.
The grace period after the renewal date has expired is one month