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I. REQUIREMENT DOCUMENTS
a. Name, address and nationality of applicant;
b. The trademark details and clear copy of the logo;
c. The designated class/goods thereof;
d. The country and filing date of the priority application if the right of priority is claimed;
e. Priority documents if the right of priority is claimed
II. GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 12 to 18 months, assuming that no Office Action is needed.
III. VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years. If the renewal fee has not been paid in due date, late renewal fee should be paid within one month from the expiration date of the last registration.
Registration of the trademark in Malaysia can be cancelled on the grounds of non-use by any aggrieved person if it has not been used for a continuous period of three years prior to one month before the date of the application for cancellation.
IV. PROCEDURE
1. Examination
After filing the trademark application, the Registrar of Trademarks will verify the documents and information submitted, this is known as Formality Examination. If any irregularities are found on the trademark application, the applicant will be given opportunity to respond or rectify the irregularities.
Once the formality requirements have been complied, the Registrar of Trademarks will proceed to conduct substantive examination on the trademark to examine the registrability of the trademark under the requirements of the Trademarks Act 2019.
If the trademark application does not fulfil any requirements under the Trademarks Act 2019, the Registrar will issue a refusal notice. The applicant will be given opportunity to respond to the said refusal, or amend the trademark application, whichever necessary.
2. Publication
Once the Registrar finds the trademark application fulfils the requirements under the Trademarks Act 2019, the trademark will be accepted and it will proceed to advertisement in the Malaysian IP Official Journal. Within 2 months from the date of advertisement, the public is given the opportunity to oppose the trademark registration.
If no opposition is filed, the trademark will be registered in respect of the goods or services.
3. Registration
Upon registration, the Registrar shall issue a notification of registration of the trademark with the seal of the Registrar. The registered proprietor may make a request if he wishes to have a certificate of registration, the Registrar shall issue the certificate of registration which shall be equivalent to the notification of trademark.
In case you require more information or require advice on trademark in Vietnam, Malaysia... as well as other IP matters, please do not hesitate to contact us via:
RSOLVING – IPR RIGHTS DISPUTES – QUICKLY
PROTECTION – IPR RIGHTS – SAFELY
SUSTAINABLE BRAND PROTECTION
ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam
Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com/vi
