Malaysia Trademark Registration

Our Trademark Attorneys in Malaysia will assist you throughout the Trademark Registration Process outlined below. Please notice that each step can be ordered independently:

Trademark Comprehensive Study

Step 1

Trademark Comprehensive Study

A report which includes a search of similar and identical trademarks along with our attorneys’ expert opinion about the registration probabilities of your trademark in Malaysia. This report is optional but highly recommended since it allows you to rule out any possible objections to your trademark in advance.

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Trademark Registration Request

Step 2

Trademark Registration Request

The filing and processing of the Trademark Registration Request before the Malaysian Trademark Office, according to the legal procedures and requirements of this country with the objective of obtaining ownership of the trademark. Once we file the trademark we will send you a scanned copy of the filed application.

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Trademark Registration Certificate

Step 3

Trademark Registration Certificate

Once your trademark is approved for registration, you will need to request the Trademark Registration Certificate.

The Trademark Registration Certificate provides proof of ownership of the trademark. This service also includes our Trademark Watch service for ten years. The Watch service detects any conflicting trademark applications and informs you of potential infringements, thereby giving you the opportunity to file an opposition.

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  1. Is registration of a trademark mandatory in Malaysia?

    Although registration of a mark is not mandatory, only a registered proprietor and its registered user are entitled to institute court proceedings for infringement of a mark. For unregistered marks, the proprietor is restricted to common law remedies, such as the tort of passing off, where the proprietor has the burden of proving that it has reputation and goodwill in the mark in Malaysia. Such burden may be discharged only by adducing evidence of substantial and prolonged use of the mark in Malaysia and/or by conducting extensive surveys.

  2. Which Intellectual Property rights are registrable?

    Any distinctive device, brand, heading, label, ticket, name, signature, word, letter, numeral, or combination thereof, may be registered as a trademark.

  3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

    Yes, a trademark can be registered for retail and like services.

  4. Is there any advantage in using a trademark before filing an application?

    Yes. Prior use may help overcome a distinctiveness objection.

  5. How long does the registration process take?

    In the absence of objections and oppositions, the registration process takes approximately 10 months.

  6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

    If a trademark is not used within a continuous period of five years, then the registration will become vulnerable to cancellation by filing an application to the court.

  7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

    It is not possible to use them separately, it will not give protection under Malaysia trademark Act.

  8. How can I know which is the due date for the renewal of a registered trademark?

    The term/renewal date of a registration is 10 years from the application date.

  9. When should I pay the renewal fee of my registered trademark?

    A renewal must be filed during the three month period expiring with the renewal date.

  10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    It is possible to renew for 12 months after the renewal date with payment of a fee and filing the corresponding form.

  11. What documents are required for filing a trademark or renewal application?

    No documentation is required for renewal if accomplished by the same local attorney. Otherwise a fully executed Power of Attorney is required as well as the completion of the corresponding form.

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