In Malaysia the legal basis is the Trademark Act of 1976, last amendment in force since August 1st, 2001. The principles of “common law” apply. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.

Trademark registration: Requirements

A trademark application has to be filed before the Trademark Office by a local agent. A power of attorney is not needed. A Statutory Declaration declaring bona fide ownership of the mark, is needed. Foreign applicants do not need a domestic registration. For any filing or take over cases by an agent, the Power Of Attorney (TM01) is needed. However, the POA(TM01) can be executed by the Local Agent himself. Should the applicant/proprietor himself lodge the application, the Power of Attorney (TM01) is not needed.

Trademark registration: Procedure

The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 2 years from first filing to registration. Before registration, the trademark is published in the “Government Gazette”. The opposition period is 2 months from publication of the trademark application.

Trademark registration: Duration

A trademark registration in Malaysia is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Trademark registration: Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra
Duly note, if the trademark has not been used within 3 years from issue of the registration certificate or has not been used later for a continuous period of 3 years, it may be subject to cancellation