It is advisable to make a trademark search before submitting applications to avoid possible trademark infringement. Application fees for trademark are not refundable.
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.
Trademark application can be made by either the owner or thru a registered trade mark agent. All foreign application must be made through these registered trademark agents.
A Malaysian application doesn't provide protection abroad but it can be used as a basis for claiming priority in countries which are party to the Paris Convention and WHO.
- 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 of the mark applied for.
- 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.
Application Filed
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Application formailities are checked by Malaysian Trade Mark registry.
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Search & Examination
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If there is any ground for objection, applicant will be notifed. Otherwise, applicant will receive acceptance letter for advertising of mark.
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Advertisement in the Government Gazette
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The mark will be advertised for 2 months. Any third party opposition should be filed within 2 months of the mark being advertised.
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Certificate of Registration
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If no opposition is filed after the expiration of the opposition period, the Certificate of Registration will be issued.
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Renewal
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A trade mark registration is valid for 10 years from the filing date / priority date (if applicable); and is renewable every 10 years.
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