News: Trademark registration in Malaysia

Registration of trademark in Malaysia

Economic sector of Malaysia is developing rapidly, and, as a consequence, there is an increase in number of local and foreign entrepreneurs. Citizen of any country, regardless of the availability of operating business, can register trademark in Malaysia. Lawyers of Law&Trust are engaged in the process of trademark registration.

We carry out a comprehensive approach to the procedure, which means that the client does not need to collect documents and be personally present when submitting a package of official documents. Exchange of documentation with our specialists is conducted remotely.

The trademark in Malaysia should be presented in graphic form, and it can include symbols, figures, pictures, graphics, words and mottos, but there should not be any details of immoral character on the emblem, as well as segments calling for offenses or insulting the feelings of certain groups of people.

The absence of Malaysia in the list of countries parties to the Madrid Agreement makes possible only the national procedure for registering trademark, which means that the period of consideration is reduced to one year, and the verification of uniqueness of trademark is conducted exclusively within the borders of the state. The legal rights to trademark are protected by the Paris Convention regulations, since local legislation only describes general provisions on the protection of intellectual property.

Procedure for registering a brand name in Malaysia

Preparation for consideration in Law&Trust

After obtaining the power of attorney, collection of the documentation package is carried out. The number of items in the register of required documents depends on the scope of activities of the company, its scale, the number of employees, turnover, the number of bank accounts and miscellaneous factors. For natural persons, the package is less extensive, but later they will need to register private business in Malaysia, which will require re-collection of documentation. Preparation of the package includes the following:

1. Verification of the accuracy of all legal data, as well as the correctness of completion of the forms and the compliance of forms with the state regulations of Malaysia.
2. Translation of all documents into Malay language, as well as certification of forms by notarial stamp and signatures of specialists.
3. Sending the package using one of the available methods (mail, courier).

Consideration of application by representatives of Malaysia

Examination of the package sent is carried out by the Commission for the Protection of Intellectual Property Rights of the State. First of all, the application is verified, further examination of the uniqueness of the logo and its compliance with the laws is carried out.

If the result is satisfactory in both processes, the commission representatives begin to examine the documentation package.

The issuance of permission for entrepreneurial activity in the country is carried out for the period of 10 years. The trademark in Malaysia can be renewed when cooperating with lawyers of Law&Trust.