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Trademark Renewal
In Malaysia in order to maintain the validity of a trademark registration you must renew it every 10 years. The renewal process is fairly simple, you will need to provide trademark registration details and send us a power of attorney.
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Delivery of the official renewal acceptance receipt
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Each application will be handled by experienced local Trademark Attorneys ensuring that all legal requirements are met.
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Legal Defenses
In the event that your trademark is objected, our Attorneys will inform you and advise you on the best possible option path.
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You will be assigned a dedicated Account Manager that will be your point of contact for all communications.
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In our admin panel, you will able to track and review the status of process of any requested service.
 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 14 months, if no objections or oppositions arise.

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If I register my trademark in Malaysia, do I have protection in other territories?

The territorial limit of registration is all throughout Malaysia.

 
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Do I need to sign a Power of Attorney?

No, a power of attorney is not required.

 
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Are there any benefits from a pre-filing use of the trademark?
  • Pre-filing use may demonstrate acquired distinctiveness
  • Pre-filing use may help overcome an objection to a trademark application on the basis of non-distinctiveness
 
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Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

 
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What are the types of trademark that can be registered in Malaysia?
  • names
  • devices
  • words
  • certain three-dimensional shapes
  • slogans
  • colours
  • trade dress/get-up
  • sounds
  • motion
  • holograms
  • service marks
  • certification marks
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What are the phases of application after a trademark has been filed in Malaysia?

The order of the application process is as follows:

  1. Examination of the application in respect to:
    1. formalities
    2. classification
    3. clarity
    4. descriptiveness
    5. distinctiveness
    6. deceptiveness
    7. conflict with prior registration
    8. whether any limitations or disclaimers need to be imposed
  2. Publication of the application particulars:
    1. mark
    2. name of applicant
    3. address of applicant
    4. application number
    5. application date
    6. goods/services
    7. priority claim information
    8. representation of trademark
  3. Registration
 
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What type of trademark is not registrable?
  • generic terms
  • marks that contradict moral standards or public order
  • non-distinctive trademarks
  • names, flags or symbols of states, nations, regions, or of international organizations
  • marks that function principally as surnames
  • marks that function principally as geographic location names
  • the following words or phrases:
    • "To counterfeit this is a forgery"
    • "Registered Trade Mark"
    • "Registered Service Mark"
    • any words to the like effect in any language
  • the words "Bunga Raya" and the representation of the hibiscus or any colourable imitation thereof
  • representations of or words referring to the:
    • Sri Paduka Baginda Yang Di-Pertuan Agong
    • Ruler of a State
    • any colourable imitation thereof
  • the representation of any of:
    • the royal palaces
    • any building owned by the federal government or state government or any other government
    • any colourable imitation thereof
  • the following words or signs:
    • "ASEAN"
    • the ASEAN logotype
    • any colourable imitation thereof
  • the following words or signs:
    • "Red Crescent"
    • "Geneva Cross"
    • representations of the Red Crescent, the Geneva Cross and other crosses in red
    • representations of the Swiss Federal Cross in white or silver on a red ground
    • any representations in a similar colour or colours
 
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Does Malaysia use the "Nice Classification" system?

Malaysia uses the Nice Classification System.

 
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Does the Community Trademark apply for Malaysia?

The Community Trademark, currently known as the European Union Trademark, is not effective in Malaysia.

 
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Is there any possibility to claim priority in Malaysia?

Priority application can be claimed:

  • If an applicant's home country is a member of the Paris Convention
  • If the home application was filed within six months prior the application in Malaysia
 
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What do I need to do to satisfy the use requirement?

A trademark must be used within three years from one month before the application date. The amount of use must be on a commercial scale and must occur in Malaysia.

 
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Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years calculated from the application date.

 
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What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

 
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Is it legal to use my trademark even if it is not yet registered?

It is legal to use unregistered marks for any goods or services.

 
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Does having a registered trademark in Malaysia give me any right?

Registration is not necessary to secure rights to a trademark; prior use is sufficient. Malaysia follows the "first to use" rule.

 
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What is the web address of the trademark national office?

The national office is available online at the following URL: http://www.myipo.gov.my/.

 
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Is there any need to use my trademark before I apply for registration?

Yes, applicants are required to have actual use or intent to use the mark for the application to be accepted.

 
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Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • breach of copyright
  • proprietary rights
  • the mark is generic
  • the mark is functional
  • the mark is descriptive
  • rights in a personal name
  • the mark is not distinctive
  • rights under Article 6ter of the Paris Convention
  • rights under Article 8 of the Paris Convention
  • rights under Article 6septies of the Paris Convention
  • rights under Article 6bis of the Paris Convention
  • registered design rights
  • the mark consists of a geographical indication
  • the mark is misleading, deceptive or disparaging
  • the mark is against public policy or principles of morality
 
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Who can contest my trademark application?

Anyone may oppose an application.

 
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Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • proprietary rights
  • the mark is descriptive
  • the mark is misleading, deceptive or disparaging
  • the mark is not distinctive
  • breach of copyright
  • the mark is functional
  • notorious or well-known mark
  • protected armorial bearings, flags and other State emblems
  • trade names
  • registration in the name of the agent or other representative of the proprietor of the mark
  • rights in a personal name
  • registered design rights
  • the mark consists of a geographical indication
  • the mark is against public policy or principles of morality
  • the trademark registration grant was obtained in a fraudulent manner
  • the mark is generic
 
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Are there any rights established by having a registered trademark?

The following rights are established by registration:

  • the exclusive right to use the registered trademark
  • the right to license other third parties to use the trademark
  • the right to bring a cancellation action against a later conflicting registration
  • the right to oppose later conflicting applications
  • the right to obtain damages for infringement
  • the right to sue for infringement against confusingly similar third party trademark use
  • the right to apply for seizure by customs authorities for importation of counterfeit goods
 
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How long is the opposition period?

The opposition period begins on the date the application is published in the Gazette.

 

The opposition period ends two months after the date of publication of the application in the Gazette.

 
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Is Malaysia a member of the Madrid System?

Malaysia is not a party to either the Madrid Agreement or the Madrid Protocol. This jurisdiction may not be designated in international applications.

 
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Do I need to present periodic statement of use?

Periodic statements of use are not required.

 
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When should I renew my trademark?

Subsequent renewals last for 10 years from the renewal date of the registration.

 
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What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

 
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Is there any documentation that should be presented when renewing a trademark?

None. There’s no need for any documentation when renewing a trademark registration.

 
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If my trademark expires, do I have a grace period?

The grace period after the renewal date has expired is one month

 
Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the "Nice International Classification".

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use the identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

 
Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? In the United States, under what common law, people can lay claim to a mark if they use it. It is not necessary to formally register a trademark. This fact and the sovereignty states have over the creation of chartered business entities and trade names, makes a trademark search imperative before one spends time and money registered a trademark.     

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

 
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What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use free online resources like our Trademark Searchengine, or the Trademark Electronic Search System(TESS) offered to the public by the US Patent and Trademark Office(USPTO) to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that show no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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How do I perform a trademark search?

First, we recommend your start by defining the class you want to register. You can find your class, using our Trademark Class Search tool. Using this tool you enter your product/service, and it will tell you the class or classes you should register.

After you have found your class(es), you can go directly to your country's Trademark Office and perform the search there. You can also try our Trademark Search engines. 

When searching, try different combinations of your name. For example, if you are searching for AMAZON, look for AMASON, HAMAZON, or similar word patterns. Try several different combinations of words and spellings.

Notice that several countries do not have online trademarks databases. You must go to local Trademark Office and ask for a list of trademarks.

Trademark Search may be challenging and time-consuming and, if you do not have the time or experience, our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where you might want to register your trademark, it will also include a list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

 
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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using our Trademark Search engine. If not, we recommend hiring a trademark attorney or trademark service like Marcaria.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Marcaria.com Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

 

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