Full Name(s) and Address(es). For company, indicate State and Country of incorporation. For sole proprietorship or partnership, provide full name(s) of proprietor or partners.
One clear black-and-white specimen of the mark; 10 specimens for colour mark (maximum size: 7 cm by 7 cm). If the mark is already in use in Malaysia, provide date of first use in Malaysia.
List of goods or services.
Statutory Declaration from the applicant
Local Applicant - has to be signed before a Commissioner for Oaths;
Foreign Applicant - has to be signed before a notary public and a certified english translation where the document is not in english)
Mark with non-English words/characters, a certified translation and transliteration (i.e. pronunciation) must be included in the application.
Priority Claim: Filing Date, Country and Application Number, if a corresponding application has been filed in any member country of the Paris Union, in the previous 6 months.
It is advisable to make a trademark search before submitting applications to avoid possible trademark infringement. Application fees for trademark are not refundable.
Goods and Services Classification
All goods or services should fall within a single international class. One application is for one Class of goods or services only. The goods or services must be listed with reference to the class or classes of goods and services under the Nice Classification.
Time It Takes to Register Trade Mark in Malaysia
12 to 18 months
Trade Mark Agents
Trademark application can be made by either the owner or thru a registered trade mark agent in Malaysia. All foreign applications must be made through these registered trademark agents.
Registrable Trade Marks in Malaysia
A trade mark can be logo, sign, names, symbols, letters, words, signatures, numerals, devices, brands, labels, shapes, colours. It must be distinctive within similar classification of goods and/or services.
Identifying Reigstered Trade Mark in Malaysia
® and ™ are common symbols associated with trade marks. ® indicates that the mark is a registered trade mark. ™ ("TM") indicates that mark is not registered and being used as a trade mark.
Not Registering a Trade Mark
It is not compulsory to register a trade mark in Malaysia. For a mark that is not registered, the owner can rely on the common law action of "passing off" to protect his mark against imitation or infringement.
Provisions as to non-use of trade mark
A registered trade mark is vulnerable to cancellation if it has not been used for a continuous period of not less than three years.
Trade Mark Protection Outside of Malaysia
A Malaysian application doesn't provide international trademark protection but it can be used as a basis for claiming priority in countries which are party to the Paris Convention and WHO.