Trademark registration Malaysia
Register your trademark in Malaysia online in 3 steps…
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Over 150,000 researches
We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.
1500+ trademarks per year
Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.
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With our unique fee calculator you can determine in 2 minutes in what countries worldwide you want to register based on your needs and budget.
What are the costs of a trademark registration in Malaysia?
The costs of trademark registration in Malaysia depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get protection in all of classes 1 through 45 of the Nice classification.
Registration
- Includes all fees
- extra class
Watch
- Includes all fees
- up to 3 classes
extra class
Renewal
- Includes all fees
- extra class
How do you get a trademark registration in Malaysia?
It is mandatory to register your trademark in order to obtain the rights to use it, but there are exceptional situations. Trademarks that are widely known are also protected even if they have not been registered. If you do not yet belong to this limited group, it is wise to submit an application. You do this at the Intellectual Property Corporation of Malaysia (MyIPO).
You need several documents to apply for a registration. In any case, it is important that you share all contact details and provide information about your company. Consider, for example, a deed of incorporation, but an extract from the Trade Register is also sufficient. You must also indicate exactly what you are trading, and you must submit a copy of your brand name. When submitting your brand name, make sure that there are no differences with the original. Only the name received is protected after registration.
Does the first-to-file principle apply in Malaysia?
If you are going to sell your goods or services without registration, anyone can claim your brand name. And before you know it, you’re embroiled in a legal conflict over ownership. In Malaysia, the right to use a trademark lies with the first person who registers that trademark.
What are the risks without registration?
You therefore initially run the risk that another company or individual will take over your name if you do not register it. That way it will be impossible for you to trade under that name, and that is obviously not the intention. So prevent an external party from hindering your success by having your brand registered in Malaysia in time.
It may even be the case that not only is your brand name registered by another party, but the goods or services you trade are also copied and sold under that name. At that moment you are completely duped because apart from the income that you lose as a result, there is a good chance that the quality and service that you guarantee is not the same. This can seriously damage your image.
Is it advisable to do trademark search?
In order not to get into troublesome situations about alleged ownership when you register your brand name in Malaysia, it is advisable to conduct a trademark search in advance. With such a search you try to find out which trademarks already exist on the market that resemble your brand name. By paying attention to this you will know better what your options are to trade safely under your brand name in Malaysia.
What can a mark consist of?
Your trademark can consist of a word or an image, but in most cases a brand name is made up of several elements. When you apply for a trademark registration, only what you submit will be protected. This literally means that the different parts of your name are individually unsecured. So prevent someone else from registering part of your name just like that by being ahead of this and having every facet of your name recorded. Please also ensure that shapes, colors or other aspects are submitted accurately and truthfully.
If a third party does trade under part of your brand name, you can take action if the goods and services offered are comparable to your merchandise. At that point, there is a confusing resemblance, and you can object to that. Whether this objection will be honored is always questionable. After all, every situation has different circumstances.
What is the validity of the registration in Malaysia?
You can register your brand name for a period of 10 years. This period starts the moment your application is submitted and you can always request an extension of periods of 10 years. You can arrange an extension from 6 months before the validity period expires. It is also possible up to 6 months after the expiry date, but then you pay a fee for it.
You can also register your brand name in Malaysia if you have no intentions to trade. However, if you do this, you should be careful to show some activity in the market from time to time. If you have been inactive for more than 3 years continuously, your trademark registration may be cancelled.
In which countries should you apply for your trademark?
It is of course always wise to protect your brand name where your company is located. But also think about the countries where competitors are located. Or places where you know that the risk of misuse of your brand name is significantly greater. You don’t have to sell your merchandise here, but by registering your brand name you at least know for sure that it is secured.
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