English
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.