Get a proof of ownership in Malaysia and start building your brand authority by protecting your innovations. Protect your brand and intellectual property for products sold under your business.
Explaining trademark studies in 1 minute.
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Malaysia Trademark Office
- Name of Office: IPCorporation of Malaysia (MyIPO).
- Address: Unit 1-7, Ground Floor Menara UOA Bangsar No. 5, Jalan Bangsar Utama 1,59000 Kuala Lumpur
- Phone number: (603) 2299 8400, (603) 2299 8411 (DR CR)
The Trademark Office applies the current version of the Nice Classification; you can find acceptable goods and services in this link.
Bonamark will prepare and file your trademark for registration in Malaysia. Trademark protection in Malaysia is governed by the Trade Marks Act 1976 (which came into force on 1 September, 1983, incorporating the latest amendments with effect from 3 March, 2003) and Trade Marks Regulations 1997 (that came into force on 1 December, 1997, incorporating the latest amendments with effect from 15 February, 2011).
Malaysia is a country-member of WIPO since 1989. With almost 50,000 trademark applications filed each year in this country, residents file about 19.000, and non-residents file more than 21,000 trademarks. You can access additional information regarding IP statistics in Malaysia here.
Trademark registration In Malaysia: Requirements
Fill out our simple online form and a Trademark Specialist will contact you within 24 hours in order to guide you through the process.
Multiple-class applications are possible. However, additional fees are payable if an application is to cover more than one class.
What is registrable as a trademark?
A device, label, brand, heading, name, ticket, word, signature, numeral, letter or any combination thereof is registrable as a trademark provided that it consists of or contains at least one of the following criteria:
- The name of an individual, firm or company represented in a particular or special manner;
- The signature of the applicant for registration or of some predecessor in his/her business;
- An invented word or words;
- A word having no direct reference to the quality or character of the services or goods not being, according to its ordinary meaning, a geographical name or surname; or
- Any other distinctive mark.
Although non-traditional marks (like olfactory marks, sound marks, three-dimensional forms, colours) are not registrable in Malaysia, the Intellectual Property Corporation of Malaysia (MYIPO) has proposed amendments to theTrade Marks Act 1976 to include non-traditional trademarks.
The following trademark types are registrable: trademarks, certification marks and service marks.
What will be required to file your brand in Malaysia?
- Type of the applicant: individual or a company.
- Complete name of the owner.Full address of the owner.
- Phone number - to contact you in case if any action is required.
- Mailing address - to forward you the certificate once the trademark is registered.
- List of goods/services.
- Class or classes.
- Trademark itself.
Please note, that you will need a Statutory Declaration declaring bona fide ownership of the trademark.
A power of attorney is not needed.
Foreign applicants do not need a domestic registration.
Trademark registration: Procedure
An application has to be filed with the Registrar of Trade Marks in order to register a trademark.
A separate application has to be filed for each class.
Foreign applicants need a local - Malaysian agent for applying for a trademark.
The application process is subject to a two-stage examination process. During the first stage, formal examination is conducted to ascertain that the necessary documents and information have been provided. Once there is compliance with the formalities, the application will proceed to the second stage for substantive examination that includes an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration will last 9 -12 months, in case if there are no oppositions or objections.
The Registrar has discretion to decide whether to accept or refuse the application. If the application is accepted, the mark will proceed to publication in the Government Gazette for 2 months for opposition purposes. If the Registrar objects the application, the applicant is given 2 months to file a written submission. If the Registrar subsequently maintains his objection, the applicant may within 2 months of the maintained objection request for a hearing to present oral arguments.
The duration of a trademark is 10 years from the date of application and is renewable for periods of 10 years each.
Free Registered Trademark Search in Malaysia
Available online, you can request a free trademark search online on our website or here: Trademark Database which contains registered and filed trademarks in Malaysia.
This database is frequently updated so you can rely on the information, which you get from the website.
However, we recommend ordering a trademark study because this will let you check the probability of registration of your trademark in Malaysia, calculated by an experienced professional.
Trademark Application Fees
The official application fee for registration of a trademark is MYR 370 per class for manual filing and MYR 330 per class for electronic filing. Once the mark is accepted and ready for publication in the Gazette, there is a fee payable for advertisement of the mark which is MYR 650 per class for manual filing and MYR 600 per class for electronic filing.
We offer the following services in Malaysia:
- Trademark Search
- Trademark Registration
- Trademark renewal
- Trademark oppositions
- Defenses in case of oppositions or objections/office actions in Malaysia
- Trademark cancellations
- Trademark assignment
- Change of name/Change of Address
If you are interested in any of these services, please feel free to contact us.