Applying for a Malaysian Trademark
We have streamlined a very straightforward process to help you own your trademark in the shortest possible time!
Here at CorporateGuide Services, we provide international filing via 2 routes being the Madrid Protocol and National Application filing route. In the case of Malaysia, it is only covered under the National Application Filing Route.
Madrid Protocol
The Madrid Protocol relating to the Madrid Agreement Concerning the International Registration of Marks is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filling a single application, called an “international application”.
This treaty is administered by the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva. As a member of the Madrid System, there are benefits on top of it being convenient, easy and cost effective to apply for International Marks in Singapore. Individuals and organizations need only to file one application in one language and protect your mark in the territories of up to 122 countries.
Costs are still accorded on a per country basis.
National Application
The National Application filing route covers international trademark filing in countries that are not presently covered under the Madrid Protocol filing route.
Costs are still accorded on a per country basis.
| Madrid Protocol | National Application |
|---|---|
| Requires a Singapore trademark base application | Does not require a Singapore trademark base application |
| Covers 122 member countries | Covers countries not under the Madrid Protocol (E.g. Malaysia or Hong Kong) |
| Allows for standardization of the database of goods/services claimed for | Terminology of the database of goods/services claimed for will vary from country to country. |
| Higher price range | Affordable alternative |
| Relatively longer filing time | Shorter filing time needed |
1. Client provides us with basic information on the trademark request:
- Type of trademark required (Word, phrase, logo, design)
- Industry relevant to the trademark
- Owner of the trademark (Can be person or company)
2. CorporateGuide will conduct a free search on the availability and feasibility of the trademark.
3. Invoice is issued & sent to you upon your confirmation of service should trademark be available and feasible.
4. Confirmation document detailing the goods/services database items we are claiming for will be furnished to you for endorsement.
5. Trademark application is submitted to MYIPO within 1 business day upon receipt of payment. Trademark application acknowledgement letter is emailed to you within the same business day that it is lodged
6. Trademark is approved after 12 months* should there be no objections. We will email to you trademark certificate copy and original certificate by registered mail.
*Our applications are all expedited registrations, without which it will take 3-4 years on average
What is a Trademark?
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A Trademark is a mark which distinguishes the goods and services of one trader from another. It is a marketing tool used to build brand advocacy and helps customers distinguish a product or services in the market place.
What are the benefits of registering a trademark?
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- Secures exclusive right to use the logo and slogan in your business operations
- Protects against unauthorised use of your logo and slogan for commercial gain
- Gives you the right to recover damages and compensation from an infringer
- Provides a source of revenue when you license it to a third party
- Increases the perceived quality and market value of your company and product identity
What trademarks can or cannot be registered?
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Can be registered:
- Designs
- Stylized logos
- Slogans / Catchphrases
- Word Marks / Character Marks
- Series Marks
Cannot be registered:
- Devoid of distinctive character
- Merely descriptive of the actual products or services
- Names of widely-known proper names and geographical locations
- Generic words (such as television, computer, etc)
- Likely to cause confusion between similar products or services
- Perceived to be deceptive, hurtful or obscene
How long does it take for a Malaysia trademark registration to be approved?
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The entire registration process can take up 9-12 months. Examination phase will take about 6 months, followed by 3 months where it is published.
Approval and trademark registration would be completed after 9 months if no office response is required.
What is the duration of a trademark protection?
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The period of protection is 10 years and it is renewable for a period of every 10 years thereafter.
Who can file a trademark application?
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- Any person who is the owner of trademark, using the trademark or proposes to use the trademark may apply for registration in Malaysia. The owner may be an individual, partnership, company or organization.
- A trademark agent or attorney who has been registered in the Register of Trademarks agents may also file on behalf of the owner.
Are trademark registrations compulsory?
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Registration of trademarks are indeed important to obtain exclusive rights for purposes of exploitation and commencing infringement actions. Trademarks have proven to strengthen the branding power of the company, however, registration is not compulsory.
Small and medium enterprises (SMEs) will receive an international boost with the Market Readiness Assistance (MRA) grant to help expand your business abroad.
Eligible SMEs will receive the following support:
- Up to 70% of eligible costs, capped at 20K per company per fiscal year that covers two applications per fiscal year
- Limited to one activity (e.g. market entry, or participation in a trade fair) per application
To apply these are the relevant steps:
- Pre-application
– Sign an engagement letter with the third party consultant like ourselves and process payment.
– Commencement of work will begin
– You will then submit your applications no earlier than six months of project start date. - Application
– Application is submitted throught the Business Grants Portal.
– Submit supporting documents for claims to be reimbursed back to you
*All claims will be disbursed strictly on a reimbursement basis. It is mandatory for companies to engage an Enterprise Singapore-appointed auditor to verify the expenses
For more information, you can find out more here.
Leave us your contact details, and our consultant will contact you within 1 business day to discuss with you: