Malaysia is a multiracial, multicultural and multi-religious society. Hence, extra caution has to be taken to avoid the selection of a trademark that may have an undesired meaning or can be deemed an offensive mark during the trademark application processes. A registrable trademark is one that can include a distinctive logo or symbol, image, name, signature, word, letter, numeral or any combination thereof. Recent amendments to the Malaysian Trade Marks Act will see the eventual registrability of Non-Traditional Marks (NTMs) such as smells, sounds, colors, shapes, moving images, tastes and textures.
Malaysian trademarks can be filed in any language and alphabet. However, it needs to be accompanied by a certified translation and transliteration of each of the characters in the English or Malay language if the trademark is not in English or Malay language and not in the Latin script. The language of the word(s) must also be given.
Malaysia adopts a First-to-Use system for trademarks. It means the first applicant who uses the trademark in trade is entitled to registration and has better rights without any prior user of an identical or similar mark in Malaysia.
The procedure to file and prosecute a Malaysia trademark application is similar to the process in other common-law countries. If the trademark applied for is acceptable to the Intellectual Property Corporation of Malaysia (MyIPO), it is advertised in the Government Gazette for any member of the public to oppose the application. A period of 2 months is given for the filing of any opposition. If no opposition is received, the mark proceeds to registration. A registered trademark may be cancelled if it has not been used in trade for a continuous period of 3 years without any valid legally acceptable reason.
Duration of Application: 2 years (if no objections or oppositions arise)
Mark Validity: 10 years from the date of registration
Mark Renewal: Renewable for every 10 years after the expiry
Mark Cancellation: If a registered trademark has not been used by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of 3 years, the trademark registration is subject to non-use cancellation action.
For enquiry of the Malaysia Trademark Registration, please contact us for free trademark consultation.