Trademark in Malaysia is governed under Trade Marks Act 1976 and the Trade Marks Regulation 1997. A trademark is a sign capable of distinguishing the goods or services produced or provided by one trader from another. Any distinctive words, letters, numerals, devices, brands, slogan, headings, pictures, names, signatures, labels or combinations used to distinguish goods or services may be considered a trade mark. In many countries, you can only establish rights in trademarks when you have actually obtained registration.
An application for trademark registration shall be made under a Class (the nature of goods/services must be specified). There are a total of 45 Classes in accordance with the International Trade mark Classification system (NICE Classification) and it is advisable to seek registration for as many relevant classes as possible.
Trademarks that may be registered?
- Invented word(s);
- Distinctive and/or Unique mark/sign/word.
Trademarks that may not be registered?
- Identical/confusingly similar to an earlier registered mark;
- Direct reference to character/quality of goods or services;
- Contrary to the law;
- Scandalous or offensive;
- Geographical indication;
- Prejudicial to the interest or security of nation.
- Ten (10) years from the date of application
- Renewable every ten (10) years.
The normal timeline for a successful trademark registration is about 12-18 months.
Search for prior identical/similar marks
Filing in the application Form and the payment of prescribed fee.
Examination (Duration : 8 – 12 months)
The Registrar will examine the application to verify whether it complies with all the legal requirements for registration.
An objection will be raised if the mark violates the legal requirements for registration. However, the objection may be overturned by submitting a written appeal (rayuan) or attending an ex-parte hearing (pendengaran) at MyIPO.
The mark will be scheduled for publication (Gazette) upon payment of the prescribed fee. The publication period is two(2) months which subject to third-party opposition.
If there is no opposition, the mark will be registered and a certificate of registration will be issued. The initial registration is valid for ten(10) years from the date of application.
The mark may be renewed indefinitely by paying the renewal fee every 1o years.