How To Register A Trademark In Malaysia

If the logo was adopted by the company it is time to register the trademark and to consider the main conditions in this matter.

How to register a trademark in malaysia. Prior use is sufficient. Doing so will bring about the registration of a trademark in malaysia. Malaysia follows the first to use rule. In malaysia trademark rights can be gained by registration. There s much material available online and you can also get help from myipo which is the authority managing trademark registrations 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. The next step is that an attorney files for your particular trademark registration in malaysia and fulfils all needed steps in the trademark office for getting approval of registration. 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. 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. It is advisable to think twice at this stage to identify the desired owners so that we could avoid the extra cost to transfer the trademark ownership in future unless necessary.

Request of trademark registration. Registration is not necessary to secure rights to a trademark. After the trademark is filed the filing report with the application number date and a scanned copy of the complete application. To gain full protection you must register your trademark in every class that you want covered. How to select a suitable trademark.

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. First search the malaysian trademark database to see if your mark is taken. An entrepreneur in malaysia needs to select a trademark in order to properly function on the market and to be easily recognized. If not apply to register it and pay the appropriate fees. Malaysian trademark law divides businesses into classes.

Applicant can be also be a partnerships company or society. Registering a trademark in malaysia brings many similarities to the processes used in hong kong. In general and to a certain extent both registered and unregistered trademarks are protected in malaysia. 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.