Register a Trademark in Malaysia
Updated on Tuesday 14th April 2020
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Having a business in Malaysia, as a local or foreign entrepreneur will definitely impose the use of a trademark. The Intellectual Property Corporation of Malaysia is in charge with the analysis and the 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.
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 in the country, the statutory declaration which proves the applicant is the legal proprietor of the trademark and the power of attorney.
One should know that if the trademark is not in Malay or English, he should provide the certificate with the legal translation. The Trademark Office in Malaysia will analyze the application and if the trademark is accepted, the MyIPO (Intellectual Property Corporation of Malaysia) will need to declare the decision in the government Gazette to see if there are persons who do not agree with it or consider the trademark is a copy or belongs to someone else. If there are no objections, the registration process of the trademark in Malaysia can properly begin. The trademarks in Malaysia are available for 10 years, with the possibility to renew them after this period. The Malaysian law office is here to guide you through the important stages of the trademark registration for your company in Malaysia.
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, to create a branding policy and to 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.
Malaysian intellectual property protection legislation
Intellectual property protection in Malaysia is comprised of 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 World Intellectual Property Organization (WIPO) and has signed the Paris Convention and Berne Convention which rule the 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 the 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.
We invite you to watch the following video on intellectual property in Malaysia:
Patents in Malaysia
Intellectual property in Malaysia is characterized by patent protection, which is regulated by the Patents Act 1983 and the Patents Regulations 1986. A candidate can apply for a patent filing directly if he lives in this country or is a resident of Malaysia. A foreign candidate can only apply through a registered patent agent in Malaysia which will be acting as a representative of the foreign applicant.
Trademarks in Malaysia
Trademarks protection in this country is ruled by the TradeMark Act 1976 and the TradeMarks Regulations 1997.
Proceeding from TRIPS, Malaysia does not allow the registration of well-known trade marks by unauthorized individuals and ensures border measures to ban counterfeit trade marks from being traded in Malaysia.
Get in touch with our law firm in Malaysia if you have further questions about how to register a trademark in Malaysia.