The specialized agency for industrial property such as trademarks, patents, copyrights, industrial designs, integrated circuit layouts, etc. in Malaysia is The Intellectual Property Corporation of Malaysia, (MyIPO).
There are two ways to apply for a trademark in Malaysia: 1. Single country application; 2. Designation of Malaysia as one of the applying countries through Madrid trademark
The Malaysian trademark application takes about 12-18 months. If a rejection occurs and the applicant needs to reply. Therefore, the application time will be extended. The electronic application receipt will be obtained about 14 days after the application is submitted. >> Apply now
Materials required for filing of trademark application in Malaysia
1. Individual application: ID card copy with front and back
Company application: Copy of certificate of incorporation
2. Applicant's name and address with Chinese and English
3. A clear graphical representation of the trademark
4. Classes of trademark applications and goods / services (※Nice Classification, NCL)
5. Power of attorney
Malaysia trademark application process
STEP 1. Application
After submitting the required documents and fees, the applicant will get an application receipt within about 1 week.
STEP 2. Formal Examination
Review the submitted documents for errors, and if they do not meet the basic requirements, a correction notice will be issued and must be answered within 12 months.
STEP 3. Substantive Examination
If there are any reasons for unregistrable during the examination, a reply must be made within 12 months of the official issuance of the refusal.
STEP 4. Announcement and Registration
After passing the substantive review, an approval notice will be issued. After paying the fee for certificate, a two-month objection period of the announcement will conduct. If no objections are raised during the announcement period, the official will issue a certificate.
※Notices:
1. Malaysia stipulates that if there are Roman scripts other than Malay or English in the trademark drawings, translations must be provided; if they contain texts other than Roman scripts (for example: Japanese, Chinese), translation is required.
2. Malaysia must pay the fee within 4 months from the date of application and request an expedited review.
3. Malaysia will change to an electronic certificate. If you need a paper certificate, you must apply for and pay the relevant fees.
4. A trademark registration is valid for 10 years from the date of application and could be renewed for 10 years before the expiry date. The renewed date starts 6 months before the expiration, and the grace period is within 6 months after the expiration.
5. After registration, the trademark will not be used for 3 consecutive years without justifiable reasons. Anyone could file a trademark cancellation procedure.
