The Intellectual Property Corporate of Malaysia – MyIPO is the responsible authority for all trademark registrations in Malaysia. In order to obtain a set of exclusive rights over your mark, it is vital that it complies with all the provisions laid down by MyIPO. It is therefore advisable to enlist the services of a professional consultancy firm or an attorney to guide you throughout the registration process in Malaysia.
How to register a Malaysia Trademark
A registered Malaysia trademark is one that has obtained registration rights through MyIPO. Once the mark obtains these set of exclusive ownership rights, it is protected within the boundaries of Malaysia. In order to obtain legal protection over the mark in other countries, the mark will need to be registered with the jurisdictions’ relevant registries.
Trademark law states that any person or company can apply for registration over their mark in Malaysia, even where the applicant does not hold Malaysian citizenship. This right to register a Malaysia trademark also extends to individuals who are non residents of Malaysia.
The Trademarks Act 1976, together with the Trademarks Regulations 1997 provides the legal and regulatory framework for all registered trademarks in Malaysia. It is important to be aware of the requirements and obligations to meet in order to maintain your trademark rights. It is equally important to know your legal rights in cases where third party infringement, or passing off occurs.
Requirements to satisfy
The main requirement by law is that all marks seeking registration must comply with the minimum requirements as laid down by MyIPO.
Some of the main requirements to satisfy include:
- Must show intent to use the trademark in Malaysia
- Must not be descriptive in nature
- Cannot be the same or similar to existing trademarks
- Cannot cause offence or be immoral
Malaysia trademarks adopt a 10-year validity period. Upon expiry of the mark, the owner has the right to seek renewal of their rights provided the mark was used in line with the requirements stated by MyIPO. It is advisable to seek professional guidance with regards to applying for official registration and also with the renewal process as these procedures can be particularly difficult to administer without the guidance and assistance of a professional within the industry.
See how to register a Malaysia Trademark with Starting Business.