Malaysia
Fees for registering Malaysia trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Malaysia are mainly based on the Trademark Act 2019, which came into effect on December 27, 2019. The Trademark Registry is responsible for managing trademark affairs, and the official language is Malay. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Malaysia follows the principle of "use first".
Malaysia is a signatory to international intellectual property treaties such as the Paris Convention and the Nice Agreement. It joined the Madrid Protocol on December 27, 2019, so trademark registration can be processed through "single country registration" or "Madrid international registration".
Trademark Registration Process
Currently, Malaysia adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Malaysia include: text, name, graphics, color, letters, numbers, color combinations, three-dimensional shapes, sound, etc.
If the applicant does not reside in Malaysia, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4.If priority is declared, priority proof documents and corresponding English translations must be provided.
The main process for applying for registration of a Malaysian trademark is: application → acceptance → examination → announcement → approval → issuance of certificates. The application will be accepted within 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement.
The objection period is 2 months from the announcement date, and any interested party or prior right holder may raise objections. The main reasons for raising objections are: 1 Conflict with prior trademarks, such as owning a prior registered trademark; 2. The trademark lacks distinctiveness; 3. The trademark has adverse effects; 4. Malicious registration; 5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc. If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. If everything goes smoothly, trademark registration in Malaysia takes about 1 and a half years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
Trademark registration materials
The Malaysian trademark is valid for 10 years after registration, starting from the date of application; According to the Trademark Law, renewal can be processed within 6 months before the expiration date, with a grace period of 6 months. Trademarks that have not been renewed after the grace period expires can have their trademark rights revived within 6 months from the expiration date of the grace period; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2. Malicious registration;
3.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.
Trademark revocation applications can be filed with the High Court of Malaysia, and under current examination conditions, it generally takes 2-3 years. The respondent can generally provide the following evidence materials to respond to the revocation application filed by others on the grounds of "not used":
1. Invoice; Product catalog; Revenue evidence;
2. Packaging and decoration; label; quotation;
3. Advertising; Written statement; Market research results.
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