Details Trademark Registration Malaysia
Trademark Registration Prosecution
With this assignment you can order a trademark registration in Malaysia. We will take care of everything that is necessary for the professional preparation of the trademark registration in Malaysia, submission of the trademark application in Malaysia and send the trademark certificate to you.
The price for trademark registration in Malaysia includes our professional fees as well as the official trademark office fees for the trademark registration in Malaysia without opposition.
The trademark registration order for Malaysia includes the following tasks:
First, we check whether the trademark being registered is entitled to protection in Malaysia (absolute grounds of refusal). Not all trademarks can be registered as trademarks. For instance, merely descriptive terms for the respective goods and services may not be registered as a trademark.
To avoid collisions between your trademark registration in Malaysia and older trademarks we recommend to conduct a trademark search in Malaysia which must be ordered separately.
We will e-mail you the prepared trademark registration documents for Malaysia for your approval and file it then.
Once the trademark was registered in Malaysia we send you the certificate.
Country Specific Trademark Law
I. Required Documents
- Statutory Declaration re. the bona-fide-ownership of the mark is required and has to be filed within one year from the application
II. Application Procedure
- processing time from first filing to registration is about 12 - 18 months, provided that no objections are raised or oppositions filed
- application process includes a formal examination, an examination of distinctiveness and a search for prior conflicting trademarks
- order of process is: examination, publication, registration
- Nice Classification
- only one class per trademark allowed
- additional requirements for non-traditional trademarks such as sound marks, three-dimensional marks etc.
- opposition period is 2 months from the date of publication of the trademark application
- opposition may, inter alia, be based on lack of distinctiveness, deception and breach of copyright
V. Use Requirements
- trademark has to be used within 3 years from one month before the application date
- cancellation action may be filed if the trademark is not used for a three years period.
- proof of use is not required prior to the issuance of a registration or the issuance of a notice of allowance/acceptance.
VI. Duration Period
- 10 years from date of application
- renewable for periods of 10 years
- grace period 1 month, additional fee has to be paid