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Trademark Protection

Secure your business identity with help from a qualified team of registered trademark agents and qualified IP professionals.

 

Expert trademark services within Malaysia from start to finish.

Trademark Protection cover
Trademark What is a Trademark

What is a Trademark?

The term 'trademark' refers to a recognisable insignia, phrase, word, or symbol that denotes a specific product or service and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand.

In simple English: it's a text or visual element that has become synonymous with your company, giving you the legal right to prohibit potential competitors from using it to deceive customers.

What Can Be Trademarked in Malaysia?

The Intellectual Property Corporation of Malaysia (MyIPO) recognises 45 classes of trademarks which can be separated into two (2) main categories:
Goods (TM) : Class 1 – Class 34
Services (SM) : Class 35 – Class 45

Trademark what can be trademarked

List Of Trademark Classes

Goods (TM)

chemical

Class 1

Chemical

paints

Class 2

Paints
cosmetics

Class 3

Cosmetics & Cleaning Preparations Class

lubricants

Class 4

Lubricants and Fuels

pharmaceuticals

Class 5

Pharmaceuticals

metal

Class 6

Metals Goods

machinery

Class 7

Machinery

hand tools

Class 8

Hand Tools

apparatus

Class 9

Electrical and Scientific Apparatus

medical

Class 10

Medical Apparatus

Environmental Control Apparatus

Class 11

Environmental Control Apparatus

Vehicles

Class 12

Vehicles

Firearms

Class 13

Firearms

Jewellery

Class 14

Jewellery

Musical Instruments

Class 15

Musical Instruments

Paper Goods

Class 16

Paper Goods & Printed Matter

Rubber Goods

Class 17

Rubber Goods

Leather

Class 18

Leather Goods

building

Class 19

Non-Metallic Building Materials

furnitures

Class 20

Furniture and Articles Not Otherwise Classified

Housewares

Class 21

Housewares and Glass

Cordage and Fibres

Class 22

Cordage and Fibres

yarn

Class 23

Yarns and Threads

fabric

Class 24

Fabrics

laundry

Class 25

Clothing

Fancy

Class 26

Fancy Goods

Floor Coverings

Class 27

Floor Coverings

Toys

Class 28

Toys and Sporting Goods

meat

Class 29

Meats and Processed Foods

Staple Foods

Class 30

Staple Foods

Agricultural

Class 31

Natural Agricultural Products

Light Beverages

Class 32

Light Beverages

Wines

Class 33

Wines and Spirits

Smokers Articles

Class 34

Smokers’ Articles

Services (SM)

building

Class 35

Advertising and Business

insurance

Class 36

Insurance and Financial

Construction

Class 37

Construction & Repair

Communication

Class 38

Communication

transportation

Class 39

Transportation and Storage

Material Treatment

Class 40

Material Treatment

edu

Class 41

Education and Entertainment

Computer

Class 42

Computer, Scientific and Legal

hotel

Class 43

Hotels and Restaurants

medical 1

Class 44

Medical, Beauty and Agricultural

personal

Class 45

Personal

What Cannot Be Trademarked in Malaysia?

Prohibited marks

Prohibited marks

If the use of which is likely to confuse or deceive the public or contrary to law.

Scandalous or offensive matter

Scandalous or offensive matter

If it contains or comprises any scandalous or offensive matter or would not otherwise be entitled to protection in any court of law.

perjudicial to the interest or security of the nation

Prejudicial to the interest or security of the nation

If it might be prejudicial to the interest or security of the nation, for example a mark containing a potentially inflammatory statement or word.

What Criteria Must Be Met For Trademark Approval?

  • Be distinctive
  • Not be prohibited/offensive
  • Not be identical, or confusingly similar to another registered trademark
  • Be capable of being represented graphically (visible)
  • Not be descriptive of the goods/services

Steps In The Malaysian Trademark Application Process

trademark process 1

Search

A thorough comparison of local marks to check for any established trademarks that bear a resemblance.

trademark process 2

Application Submission

Done via the respective Trademark Office.

trademark process 3

Examination/Objection

The Trademark Office will examine the application for statutory compliances and notify the applicant of any further action required.

trademark process 4

Publication/Opposition

The trademark is published in a government gazette subject to the satisfaction of the registrar. Third parties have three months to oppose the application.

trademark process 5

Approval

On completion of objections and opposition and payment of RM fee, a Certificate of Registration will be issued by the Trademark Office.

trademark process 6

Renewal

Once registered, a trademark is valid for ten (10) years and can be renewed for another ten (10) years indefinitely.

Frequently Asked Questions

What can be trademarked in Malaysia?

Traditionally, distinctive logos, symbols, images, names, signatures, words, letters, numerals or any combination thereof may be trademarked.

Non-Traditional Marks (NTMs) such as smells, sounds, colours, shapes, moving images, tastes and textures are now also registrable in Malaysia.

Must I be the creator of the trademark?

No, trademark law confers ownership based on a first-use basis, irrespective of creator.

How can I protect my trademark in Malaysia?

Although usage alone provides a measure of protection, registration with MyIPO provides your business with the most comprehensive trademark protection.

Is it compulsory to register my trademark in Malaysia?

It is not compulsory, as an unregistered mark is still protected by law. However, it is highly advisable to register your trademark, as registration provides additional advantages and protection. It also makes it easier for you to enforce your trade mark right.

What additional protections does registering a trademark provide?

A registered trademark enjoys some presumption of rights which makes it much easier to bring a case against an offending party, while unregistered marks have a bigger burden of proof to demonstrate a sufficient level of goodwill and reputation in Malaysia.

Is a trademark search necessary?

Effectively, yes. A trademark search allows you to verify that the mark you intend to register is available for registration in Malaysia, and that there are no existing trademarks that are too similar.

What happens if there is an existing trademark?

If your trade mark happens to be identical, or confusingly similar to another registered trademark, then chances are, you might not be able to register it. Consult our trade mark agent to advise you how to go about it.

How long does the trademark application process last?

Usually it may take between 1 – 3 years, depending on the complexity of the trade mark you are filing for registration.

How long does the trademark last?

The registration will be valid for ten (10) years from the date of filing of the trademark and can be renewed for a further ten (10) years indefinitely.

Is the trademark registration in Malaysia valid in another country?

No, trademark protection is territorial in nature. Your Malaysian trademark is not valid in other countries, and you will need to apply for a trademark there instead.

Can I sell the rights to use my trademark to other people?

Yes, as owner, you may choose to licence or assign the trademark.

Trademark Kente
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