Our role is to ensure that the long & winding registration processes are ENJOYABLE without too much hassle for our clients.
Filing Requirements:
These are what you need to submit:
1. Tell us who you are.
Individual
a) full name b) address
Sole proprietorship
a) full name of proprietor b) address c) name of business
Partnership
a) full name of partners b) address c) name of business
Company
a) name b) address c) state/country of incorporation
2. Show us your Mark.
Black-and-white Mark: 1 specimen.
Colour Mark: 10 specimens (Maximum size: 7 cm by 7 cm). This is to avoid any discrepancy of the colour desired by you from our printing.
3. Sign a Statutory Declaration. You need to swear that the mark is yours, in front of a Commissioner for Oaths or a Notary Public.
Please contact us for a copy of the Statutory Declaration.
4. Have you already used your Mark in Malaysia?
It is OK if your Mark is not yet in use. Click here to find out more.
Yes ? Tell us when. If you couldn't provide the exact date, give us the month and year, or the year alone.
No ? Tell us so.
5. On what goods/services do you apply your Mark in?
Specify all the items.
6. Do you know which Class your Mark is under?
Malaysia using Nice Classification 9th Edition. For classification help, please click here or contact us.
7. Have you filed your Mark anywhere else?
Want to know what is it and why it is important? Click here to find out.
Please provide:
a) country filed
b) application number
c) priority filing date
Certified priority document and certified English translation (if applicable) need to be filed within 6 months from the Filing Date.
Procedure
(Click here to download Trade Mark Flowchart from the Malaysian IP Office)
At One Glance
There are 5 stages to go through:
1. Application: You secure a Filing Date and an Application Number.
2. Formality Examination: Your application will be examined on formalities.
3. Search & Examination: The Trade Mark Office will compare your mark with prior marks and check on its registrability.
4. Advertisement: Your mark is accepted for advertising in the Government Gazette.
5. Opposition by Third Party: Within 2 months from the date of Advertisement, any parties can oppose to your mark.
Costs will be incurred in different stages.
Pre-filing Search
The Search is optional and can be conducted on request.
There might be objection in stages 2 and 3, opposition in stage 5. If there is, you have to decide whether to counter the objection/opposition or to give up your application.
Grant or Refusal
If your Mark passed all 5 stages, Certificate of Registration will be issued. If your application is refused, you can appeal to the High Court of Malaya.
Renewal
Renewal fees need to be paid every 10 years.
Trade Mark Registration in Malaysia is renewable every 10 years.
