• Trademark fees

Fees associated with filing trademark applications in Malaysia, as well as other trademark fees, are available in the fee calculator.

• Multiple-class applications

Multiple-class trademark applications are possible in Malaysia.

• Filing requirements in Malaysia

To obtain the filing date, it is necessary to provide the Intellectual Property Corporation of Malaysia with:
- applicant’s details;
- the representation of a trademark;
- the list of goods or services.

The Power of Attorney is not required for trademark registration in Malaysia.

If convention priority is claimed, a certified copy of the Priority Document is required with a certified English translation where documents are not in English, preferably within less than one month from filing the trademark application.

• Examination, publication and opposition to a trademark application in Malaysia

Trademark applications in Malaysia are subject to formal and substantive examination.

If a trademark application has been accepted by the Registrar, it is published in the Journal. Any person may oppose the registration of a published trademark within 2 months from the publication date of the application.

• Grant, validity term and trademark renewal

The official grant fee must be paid within two months from Notice of Invitation for Publication. The validity term of a trademark registration in Malaysia is ten years from the date of filing. The Malaysian trademark is subject to renewal every ten years. If the renewal fee is not paid by the due date, a late renewal fee must be paid within six months from the expiration date of the last registration. After this period, restoration procedures will apply.

• Duration of a registration procedure

The average processing time from filing to trademark registration in Malaysia is 12-18 months.

• Use requirement

Registration of the trademark in Malaysia can be cancelled on the grounds of non-use by any aggrieved person if it has not been used for a continuous period of three years prior to one month before the date of the application for cancellation.

• Representation by a trademark attorney

Foreigners must appoint an agent, a registered Malaysian trademark attorney to perform the trademark registration in Malaysia.

•  Notes

1. Online Search Database for Malaysian Trademarks.
2. The time limit to file a response to the provisional refusal of an international registration in Malaysia is two months from the date of issuance of the provisional refusal by the Office. It is possible to request an extension of time up to 6 month by filing a corresponding request. The response can be submitted in English. It is necessary to appoint a local representative, who will file the response. Provisional refusals in Malaysia are not subject to revision or appeal before the Office.

Brief summary is based on the information provided by NG, ARLENE TAN & LEONG on 09.02.2023
Please contact us if the above information is not in conformity with Malaysian IP Laws.