How To Register A Trademark In Malaysia

Malaysia follows the first to use rule.

How to register a trademark in malaysia. To register for trademark rights one is required to submit the relevant application form form tm5 to the intellectual property corporation of malaysia myipo. First search the malaysian trademark database to see if your mark is taken. A registered trademark can also be invalidated by the court on application by an aggrieved person based on absolute or relative grounds under the act fraud or misrepresentation in the procurement of the registration. The applicant needs to provide the necessary documentation which must contain details about the company the products covered by the. Registering a trademark in malaysia brings many similarities to the processes used in hong kong.

Registration is not necessary to secure rights to a trademark. A trademark can be registered by an individual who is a citizen of malaysia or a foreigner who holds permanent resident status and he she resides in malaysia. In general and to a certain extent both registered and unregistered trademarks are protected in malaysia. Applicant can be also be a partnerships company or society. Malaysian trademark law divides businesses into classes.

An entrepreneur in malaysia needs to select a trademark in order to properly function on the market and to be easily recognized. There s much material available online and you can also get help from myipo which is the authority managing trademark registrations in malaysia. To gain full protection you must register your trademark in every class that you want covered. The trademark registration won t set you back rm 1020 if everything goes according to plan. In malaysia trademark rights can be gained by registration.

If the logo was adopted by the company it is time to register the trademark and to consider the main conditions in this matter. Pursuant to the malaysian trademarks act 2019 it is permissible to register the trademark in the name of individual company or other organisation. Prior use is sufficient. How to select a suitable trademark. Trademark means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

Request of trademark registration. After the trademark is filed the filing report with the application number date and a scanned copy of the complete application. Sign any letter word name signature numeral device brand heading label ticket shape of goods or their packaging color sound scent hologram positioning sequence of motion or any combination thereof. If not apply to register it and pay the appropriate fees.