Trademark Registration in Malaysia

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Release time:2016-07-03

Trademark Registration Review Procedure in Malaysia

1. Review

In Malaysia, applications for trademark registration are filed with the Central Trademark Office in Kuala Lumpur, Western Malaysia, or the local trademark office in Sabah or Sarawak.

Trademark examination is divided into formal examination and substantive examination.

The response period for any official opinion is 2 months. If there is no response within 2 months, an extension of 2 months can be applied.

The Trademark Examiner may conditionally accept or reject an application for trademark registration. The examiner or judge may correct any errors in the application before or after accepting or agreeing to the applicant's amendment.

 

2. Announcement

Trademarks that have fully passed the substantive examination or not fully passed the substantive examination (I. e. conditional acceptance of registration) are published in the Malaysian Official Trademark Gazette.

 

3. Objection

Any interested party shall have the right to object to the announced trademark within 2 months from the date of the announcement of the trademark. Subject to the consent of the Trademark Examiner,

The time limit for raising objections can be extended by 2 months. The basis of the objection decision is the evidentiary material provided by both parties, which can be appealed to the Supreme Court.

 

4. Appeal

If the applicant is not satisfied with the trademark examiner's decision on trademark review, he may appeal directly to the Supreme Court of Malaysia.

 

5. Registration

The trademark examiner will issue a trademark registration certificate to the trademark that has not been opposed or the opposition is not established during the trademark announcement period and has completely passed the substantive examination.

The trademark examiner will decide whether to issue a trademark registration certificate according to the circumstances for the trademark that has not been opposed or the objection is not established and has not fully passed the substantive examination during the trademark announcement period.

 

Information required for trademark registration:

1. Name and address of applicant

2. Copy of the applicant's qualification certificate

3. Apply for goods and services

4. Clear drawing of trademark