Trademark means any sign capable of being represented graphically, which distinguish goods or services of one undertaking from those of other undertakings.
- It helps to identify the source and those linked for the products and services trade in the market.
- To enable consumers to choose goods and services with ease.
- Consumers define a certain trade mark for its known quality.
- It plays a significant role in promoting. It’s common for consumers to make purchases based on continuous effect of advertising.
- Recognized trade mark is a valuable asset and it may be licensed or franchised.
Any person, business entity, association and government body including foreign business entity. All applications will be treated with the same priority regardless of the nationality.
Malaysia follows the Nice Classification (NCL), which is an international classification of goods and services applied for the registration of marks.
Different types of goods and services are categorized according to different classes.
There are a total of 45 Classes whereby :-
- Class 1 – 34 are for goods
- Class 35 – 45 are for services
Applicant has to designate his Classes of interest specifically for registration of his trademark.
Yes, pursuant to the new Trademarks Act 2019, an applicant can now register more than one class under a single application.
Yes, it is possible to do so by filing them as series of marks.
It is advisable not to restrict your trademark to any particular colours because when a trademark is registered without limitation as to colour, it shall be deemed to be registered for all colours.
Signs which can be represented graphically, capable of distinguishing goods or services and is distinctive.
No, as trademark protection is territorial in nature. You will need to register separately (or via Madrid protocol) in each countries of your interest in order to obtain trademark protection in those particular countries.
ASI do assist our clients to obtain trademark registration in foreign countries.
A registered trademark will be protected for 10 years and renewable only after 10 years. It can be renewed continuously without limitation.
One may appeal against the objection or amend the application as required by the Registrar.
The estimated cost for filing such appeal or amendment with the Registry of Trademarks is usually range between RM500.00 to RM3,000.00 for 1 mark 1 class.
Only a registered trademark may use the ® symbol. You may use the TM symbol while waiting for the registration process.
a) Absolute grounds for refusal of registration
- Contain matter that might be prejudicial to the interest of the security of the country.
- Contain or consist of the name or representation of another person without the consent of that person.
- Deceive or mislead the public or consumer regarding the nature, quality, or geographical origin of the products.
b) Relative grounds for refusal of registration
- Identical or confusingly similar with an earlier trademark.
- Identical or similar to a well-known trademark regardless it is registered in Malaysia or not.