The central office in Kuala Lumpur is part of the Ministry of Domestic Trade & Commerce. A regional trade mark office is established in each of the States of Sabah and Sarawak.
Once you’ve provided us the necessary information, we prepare, file and follow up on the trademark applications for you in a timely manner.
Before Applying for Trade Mark in Malaysia
It is advisable to make a trademark search before submitting applications to avoid possible trademark infringement. Application fees for trademark are not refundable.
Goods and Services Classification
All goods or services should fall within a single international class. One application is for one Class of goods or services only. The goods or services must be listed with reference to the class or classes of goods and services under the Nice Classification.
Trade Mark Agents
Trademark application can be made by either the owner or thru a registered trade mark agent in Malaysia. All foreign applications must be made through these registered trademark agents.
Registrable Trade Marks in Malaysia
A trade mark can be logo, sign, names, symbols, letters, words, signatures, numerals, devices, brands, labels, shapes, colours. It must be distinctive within similar classification of goods and/or services.
Identifying Reigstered Trade Mark in Malaysia
® and ™ are common symbols associated with trade marks. ® indicates that the mark is a registered trade mark. ™ ("TM") indicates that mark is not registered and being used as a trade mark.
Not Registering a Trade Mark
It is not compulsory to register a trade mark in Malaysia. For a mark that is not registered, the owner can rely on the common law action of "passing off" to protect his mark against imitation or infringement.
Priority Claim
If an applicant has a corresponding application filed earlier in Paris Convention country or a World Trade Organization member country, he / she may claim priority from this first-filed application. An application which is first filed in Malaysia can be used to claim priority in a corresponding application filed in a Paris Convention country or a World Trade Organization member country.
Estimated Processing Time
12 to 18 months
Provision of Non-Use
A registered trade mark is vulnerable to cancellation if it has not been used for a continuous period of not less than three years.
Trade Mark Protection Outside of Malaysia
A Malaysian application doesn't provide international trademark protection but it can be used as a basis for claiming priority in countries which are party to the Paris Convention and WHO.
