Trademark Registration in Malaysia

Trademark registration in Malaysia is a crucial step for businesses aiming to establish a distinctive brand identity and secure legal protection for their logos, names, slogans, or other identifiers. This process, overseen by the Intellectual Property Corporation of Malaysia (MyIPO), grants exclusive rights to the trademark owner and helps prevent unauthorized use or imitation.
 

What is Trademark? 

A trademark is a legally registered symbol, word, or phrase that identifies and distinguishes a company's products or services from those of other entities. It can be a logo, brand name, slogan, or any other distinctive mark that helps consumers recognize and associate the goods or services with a particular source.

The primary purpose of a trademark is to protect the intellectual property of a business and prevent others from using a similar mark in a way that could cause confusion among consumers. Trademarks provide exclusive rights to the owner, allowing them to use the mark in connection with specific goods or services.

 

What is Trademark Registration in Malaysia?

To obtain trademark protection, an individual or business typically needs to register the mark with the relevant intellectual property office in the country where protection is sought. Once registered, the trademark owner has the legal right to enforce their exclusive rights and take legal action against those who infringe upon them.

Trademark registration in Malaysia is the formal process of filing and obtaining approval for a trademark, providing legal recognition and protection for the unique identifiers associated with a business. This process is governed by the Trademarks Act 2019 and Trademark Regulations 2019.

 

Types of Trademarks in Malaysia

• Word Marks: These include trademarks that consist solely of words, letters, or numerals, providing a textual representation.
• Figurative Marks: These trademarks are represented graphically and include elements such as logos, images, or symbols.
• Combination Marks: As the name suggests, combination marks are a blend of both words and figurative elements. This type offers a comprehensive representation of a brand through a combination of textual and graphical elements.

What is the Difference Between R and TM in Malaysia?

Understanding the symbols associated with trademarks is crucial. In Malaysia, you may come across two key symbols:

• R: The symbol 'R' holds significance as it indicates that the trademark has successfully completed the registration process with the Malaysian Intellectual Property Office. This symbol denotes official recognition and exclusive rights for the registered trademark.
• TM: This symbol signifies that a trademark is actively being used but hasn't completed the registration process yet. It serves as an indicator of ongoing efforts to establish trademark rights.

 

 

Documents Required for Trademark Registration in Malaysia

To initiate the trademark registration process in Malaysia, you will need the following documents:

• Softcopy of the Trademark:
  • Format: .jpeg or .pdf in high resolution.
• Applicant's Information:
  • For Malaysian applicants: Full name and identification number.
  • Applicant's address.
• Goods and/or Services List:
  • A detailed list of the goods and/or services associated with the trademark.
• Certified Translation:
  • If the trademark is not in Roman characters or the Malaysian National language, provide a certified translation.
     

Other Documents Needed during Application

• While the initial set of documents is essential, additional documents may be required during the application process. Working with a trademark professional or agent is advisable to navigate any complexities that may arise.
   

How Long Does the Registration Last?

• A trademark registered with MyIPO in Malaysia is valid for ten years from the application date. Renewal is required before the expiry of this period to maintain protection.
   

Who Can Register for a Trademark in Malaysia?

• Any individual or business organization, including e-commerce businesses, SMEs, start-ups, corporations, and foreign businesses, can register for a trademark in Malaysia. While not mandatory, registration is highly recommended for brand protection.

Is There Anything I Need to Do Before Filing My Application?

• Before filing your trademark application, conduct a thorough trademark search to ensure it is not similar to existing trademarks
• Feel free to reach out and consult with us. EasyLaw is here to assist you

Disclaimer: This article is not legal advice for any specific case. Due to variations in facts and circumstances, each case requires individualized legal advice. Seek professional guidance based on your unique situation.

 

 

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