Get Detailed Insights Into Malaysia’s Trademark Registration Process
It is interesting to see product brands or new brands appear in the market with a ™ marking at the end of it. By business law, it is not mandatory to register your unique trademark. Being unique may work in your favour at the beginning, but you will soon have competitors in the same market. It is better to have that unique mark registered. Let’s take a look at the trademark registration guidelines in Malaysia.
Vital for Survival
A trademark is a unique mark that differentiates one business from the other. Registering your unique trademark ensures that you own every privilege associated with it. Business sustainability is crucial to any entrepreneur including having exclusive rights to a trademark.
The ™ Mark is Non-exclusive
Many are fooled when they see a brand name or logo comes with a ™ mark; it is registered. The fact is, when a brand name or product logo is registered as a trademark, it will use a ® mark to inform competitors or other businesses visually. Hence, when using the ™ mark, be sure you are going to register it soon. Trademark law awards ownership through the first-use basis.
Trademark Registration Guidelines
Now, let’s see how do we go about registering a trademark with Intellectual Property Corporation of Malaysia (MyIPO).
1st Step: Prepare all documents needed for a trademark application. The required documents are:-
- Five copies of completed form TM5 with the trademark affixed to each copy. You may refer a sample of the filled up form here.
- One original copy of statutory declaration with the trademark in it.
- The trademark size must be within 10cm X 10cm.
- One copy of form 49 or form D or company detail from the company registrar, if the trademark registration is made under a company name.
- One copy of the priority date claim document (if needed).
- One copy of a certified transliteration and translation if the trademark uses other than roman character (if necessary).
- Payment of RM370 per application. Payment can be made by cash, cheque, money order or bank to Perbadanan Harta Intelek.
2nd Step: The applicant then submits all documents to MyIPO for formality checks. They will review to ensure that the trademark complies with statutory requirements and comment if you need additional documents or revise the application. You have 12 months to amend the application (if required).
3rd Step: The applicant must now get the registrar’s advice on whether the trademark can be registered, by filling up form TM4. This is followed by request for trademark search; the applicant must fill form TM4A.
What to expect after trademark search:
- Trademark is accepted. The applicant will need to fill up form TM31 and pay up RM650.00
- Trademark is objected. The applicant can make a written appeal for the trademark to be accepted. For more information on this possibility, take a look at the process flowchart.
4th Step: Trademark is published in Gazette for two months. Once published, anyone can view your trademark and oppose your trademark registration during this period.
5th Step: If there is no opposition, MyIPO will produce the certificate of registration, and your trademark is recorded in the Registry of Trademarks.
There is also an option for you to have it apply for an expedited examination. This process is costlier but may take a shorter time compared to the usual way. Take a look here, if this fits you. If you prefer to file for trademark registry online, you may do so at MyIPO’s IP ONLINE FILING.