In​tellect Front

International Trademark
Madrid System

The Madrid protocol offers a trademark owner the possibility to have a trademark protected in several countries selected by simply filing one application.

International Registration by way of Madrid System, these International rights are sought through the applicants' home country trademark office using either the English or French language. 

A single filing fee is payable in the applicant’s home currency.International applications may file through Trade Mark Office of the member country or file directly with the World Intellectual Property Office (WIPO) in Geneva.

WIPO conducts a formality examination and forward the application to all the countries designated for protection. Each of the national Trade Mark office has up to 18 months to refuse the application. The trade mark is deemed to be registered in the designated countries if there is no refusal or refusal has been overcome.

Application requirements 

International application under Madrid System via Malaysia.

Applicant

Applicants must indicate their entitlement to file the international application. Applicants must be:

  • a citizen of Malaysia;
  • a body or corporation incorporated or constituted under the law of Malaysia;
  • a person domiciled in Malaysia; or
  • a person who has a real and effective industrial or commercial establishment in Malaysia.
Basic Mark

Applicant must have already filed an application for registration or registered a mark in Malaysia (basic mark). The basic mark and the international application must:

  • have the same owner(s)
  • be identical mark(s)
  • have the same or a narrower list of goods and/or services.

An application can be based on a single basic mark or multiple identical basic marks covering different goods and services.

Language

English, French or Spanish

Essential Information
  • The applicant’ name and contact details
  • A reproduction of the mark
  • The designations of Contracting Parties in which protection is sought
  • The list of the goods and services for which protection is sought
  • Priority Claim: Filing Date, specifics and which convention of priority

Application process

International application under WIPO Madrid System via Malaysia.

source: myIPO, https://www.myipo.gov.my/en/madrid-system/