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Malaysia Trademark Application

Malaysia trademark application, means filling a trademark application to the Malaysia Intellectual Property Office (MyIPO). In today’s highly competitive market, securing exclusive rights to your brand is vital for long-term success. In Malaysia, trademark registration is an essential legal step for protecting brand identity, distinguishing products and services, and asserting legal rights against infringement.

Why Is Trademark Registration Necessary?

“Trademark” has been defined as any sign capable of being represented graphically, which is capable of distinguishing goods or services of one undertaking from those of other undertakings. Trademark registration in Malaysia grants the owner the exclusive right to use the mark in relation to specific goods or services. Without registration, brand owners may struggle to enforce their rights against counterfeiters or unauthorized use. Under the Trademarks Act 2019, a registered trademark holder has the legal standing to sue for infringement and claim damages.

What Benefits in Trademark Registration?

  • Exclusive Rights: Only registered trademarks offer full protection under Malaysian law.
  • Brand Recognition: A registered trademark enhances consumer trust and brand visibility.
  • Asset Value: A trademark is an intangible asset that can be licensed or sold.
  • Legal Protection: It provides a strong defense against imitation and unfair competition.
  • Business Expansion: It supports international trademark filings through systems like the Madrid Protocol.

 

Who Could Help Fill Trademark Applications?

Tannet, since 1999, has been devoted to providing clients with trademark, patent, and copyright services in Malaysia and any other countries globally, starting from registration fillings, cancellation, and enforcement to renewal and assignment.

 

What Requirements for Trademark Registration?

To register a trademark in Malaysia, applicants must provide the details as below:

Applicant Information: Name, address, and nationality or company details.

Trademark Representation: A clear image or depiction of the trademark.

Description of Goods/Services: Based on the Nice Classification (11th Edition).

 

How to Fill Trademark Registrations in Malaysia?

Search and Clearance: Conduct a preliminary search at the MyIPO (Intellectual Property Corporation of Malaysia) database to avoid conflicts with existing marks;

Filing the Application: Turn to professional agents like Tannet to filling the trademark application;

Formal Examination: After the filling, MyIPO reviews the application to ensure compliance with filing requirements;

Substantive Examination: The trademark is examined for distinctiveness and potential conflicts with existing marks.

Publication: If accepted, the application is published in the Government Gazette for 2 months for public opposition;

Registration and Certification: If no opposition is filed, or if resolved in favor of the applicant, the trademark is registered, and a certificate is issued.

 

Duration and Renewal

Validity: 10 years from the filing date.

Renewal: Every 10 years, with a 6-month grace period after expiration.

 

Besides intellectual property services, Tannet could also assist clients in corporate formation and follow-up services. Should you have further query, please feel free to contact Tannet through visiting https://tannet-group.net/ or calling at +6019-3094988.

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