Having a business in Malaysia, as a local or foreign entrepreneur, will require the use of a trademark. The Intellectual Property Corporation of Malaysia is in charge of the analysis and registration of trademarks in the country, where particular requirements need to be attentively analyzed. Suitable information and complete guidance about how to register a trademark in Malaysia can be solicited from our Malaysian lawyers. This article presents essential information about the conditions of registering a trademark in this country.
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Steps to register a trademark in Malaysia
An entrepreneur in Malaysia needs to select a trademark in order to properly function on the market and to be easily recognized. If the logo was adopted by the company, it is time to register the trademark and to consider the main conditions in this matter:
- the applicant needs to provide the necessary documentation, which must contain details about the company, the products covered by the trademark according to the classification list;
- a statutory declaration that proves the applicant is the legal proprietor of the trademark is also required;
- one should know that if the trademark is not in Malay or English, he/she should provide the certificate with the legal translation.
The Intellectual Property Corporation of Malaysia (MyIPO) will analyze the application, and if the trademark is accepted, the decision in the government Gazette will be published. Our Malaysian law office is here to guide you through the important stages of the trademark registration for your business. You can also read this infographic with details on this topic:
How to do a trademark search before registration in Malaysia?
Registering a trademark in Malaysia involves a series of steps, including checking the one you want to use. This aspect is very important because that’s how you can find out if the trademark chosen for your company in Malaysia is available or not. This check can be done by our attorneys in Malaysia on the official platform of the Intellectual Property Corporation of Malaysia (MyIPO). Here are some other important details to keep in mind when registering a trademark in Malaysia, according to MyIPO:
- 10 cm x 10 cm is the accepted trademark size before registration,
- the application form must be filled in 2 copies,
- around RM 950 is the fee that must be paid per trademark class of the pre-approved list. An additional RM 50 fee is paid for the second or subsequent trademark,
- fees can be paid through bank transfers, cash, or cheques.
Opposition time for a trademark in Malaysia
Once the application for trademark registration in Malaysia is accepted by MyIPO, the logo will be made public for two months. During this time, those who want to oppose the trademark in question may do so by filling out a petition. If there are no oppositions, the trademark is registered, and the Certificate of Trademark Registration in this sense will then be issued.
Companies and trademarks in Malaysia
No matter if you are a local or foreign entrepreneur who wants to set up a business in Malaysia, it is recommended to design a trademark, create a branding policy, and advertise your products. Before making any movement, the company representatives should search the market to see if the chosen trademark is already taken or registered according to the classification available in the country, in order to avoid future disputes. Please explore this video with details about trademarks and intellectual property in Malaysia:
Malaysian intellectual property protection legislation
Intellectual property protection in Malaysia comprises patents, trademarks, geographical indications, industrial designs, copyright, and layout designs for integrated circuits. According to the Malaysian Investment Development Authority (MIDA), Malaysia is a member of the World Intellectual Property Organization (WIPO) and has signed the Paris Convention and the Berne Convention, which rule intellectual property rights. Additionally, Malaysia has also signed the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) from the World Trade Organization (WTO). Therefore, Malaysia provides ample intellectual property protection for local as well as foreign entrepreneurs.
The intellectual property legislation in Malaysia complies with international standards and is reviewed periodically by the Council of TRIPS. Our lawyers in KL (Kuala Lumpur) can offer more details on what this legislation consists of.
Representation with a power of attorney for trademark registration in Malaysia
Our clients can be represented with a power of attorney in Malaysia for various administrative and judicial matters. This also applies to the registration of a trademark in Malaysia. It is recommended that when you want to start this process, you turn to a professional in the field with confidence, as you can find at our law office in Malaysia, and avoid the complexities that may arise along the way. We offer complete legal assistance for trademark registration in Malaysia and also for renewals when necessary.
In addition to the assistance offered for trademark registration in Malaysia, you can also opt for other legal services. For example, our commercial lawyer in Malaysia can represent you in various matters. On the other hand, the process of immigration to Malaysia can be attentively overseen by our specialists. We are here to help you obtain residency in Malaysia. In addition, people who already live in this country and want to obtain citizenship in Malaysia can collaborate with our team. Do not hesitate to contact our law firm in Malaysia and learn more about the personalized legal services we offer to our clients.