Trademark registration in Malaysia.

Greatly expand the legal protection available to your brand through trademark registration, and help safeguard your intellectual property. We can help you avoid potential conflicts with other brands and register your lawful trademark in Malaysia and other jurisdictions.

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Trademark registration in Hong Kong

What is a trademark?

Trademark is a form of intellectual property which includes any sign which is capable of being graphically represented and is able to distinguish one’s goods or services from others. It includes letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, colour, sound, scent, hologram, positioning, sequence of motion or any combination thereof.

Who can register a trademark?

Any individual, business organization, institute or legal entity may apply for a trademark registration. Whilst, it is not mandatory to register a trademark before using it under Malaysian law, it is however strongly recommended to do so to prevent trademark hijacking.

In Malaysia, a smooth trademark application process takes approximately between 9 – 15 months. The rights conferred by a trademark registration take effect from the date of application being filed. Acclime can guide you through your trademark application process in Malaysia.

Benefits of registering
a trademark.

A trademark registration will grant the proprietor the exclusive rights to use, license or sell their mark in relation to the registered goods and services. The trademark proprietor may also initiate legal action or proceedings under the Trademarks Act 2019 against any unlawful use of their trademark or any trademark which is confusingly similar thereto.

What you can and
cannot trademark.

CAN
The Malaysian Trademarks Act 2019 provides that the following marks are registrable:
  1. Trademark
  2. Certification mark
  3. Collective mark
CANNOT
The Trademarks Act 2019 also provides absolute and relative grounds where a trademark is not registrable:
  1. Identical or confusingly similar with an earlier trademark;
  2. Likely to deceive or cause confusion to the public or contrary to any written law;
  3. Deceive or mislead the public as to the nature, quality or geographical origin of the goods or services;
  4. Contrary to the public interest or to morality;
  5. Contains or consists of any scandalous or offensive matter.
Required documents

What you will need to register a trademark.

To file a trademark application in Malaysia, you will need:

  • Softcopy of the trademark in .jpeg or .pdf format in high resolution

  • The Applicant’s full name and identification number (for Malaysian applicants)
  • Applicant’s address
  • A detailed list of the goods and/or services covered
  • Certified translation of the trademark if it is not in Roman characters, or the Malaysian National language or English language
Trademark registration process

Simple steps
to register trademark.

1. Conducting a comprehensive study or trademark search

Before we can file your application, we will study the existing trademarks in your industry and geographical area to make sure there are no conflicts. The final report includes an opinion and analysis of the registration feasibility.

2. Submitting the registration request

Next, we will prepare and submit your trademark application with the Registrar of Trademarks in Malaysia. The consideration period by the Registrar is usually under 12 months, during which clarifications may be sought.

3. Obtaining the registration certificate

If there is no opposition to your proposed trademark, or the objection is withdrawn or decided in favour of the trademark applicant, your trademark is successfully registered, and you will obtain a certificate of registration, valid for 10 years.
FAQ

Common questions.

How much does it cost to register a trademark in Hong Kong?

Intellectual Property Department provide trademark registration in Hong Kong. They charge HK$2,000 application fee per class.

How long does it take to register a trademark?

A straight forward case with no deficiencies in the application and no objections to the trademark can take as little as six months from receipt of application to registration.

Can I register a trademark myself?
Yes.
What are the types of trademark?
Typically a trademark can be words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of the goods or their packaging or any combination of these.
Is a trademark valid worldwide?
No, trademark registration must be made in individual jurisdictions.
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Henry Ng, Managing Director

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