administrator The use of trademarks to identify and protect your products is simply one component of a complete plan to protect your company’s intangible assets. The trademark registration in Malaysia can give some measure of protection for the time and effort you have invested in developing a distinctive brand.
In the event that you choose to register your trademark, you obtain the exclusive right to use it for the goods and/or services that it covers in the country in which it is registered. If you wish to renew your trademark, you can do it every ten years for a total of twenty years, which is a significant savings.
There are two primary laws that govern trademark registration in Malaysia: The Trademark Act 1976 and the Trade Descriptions Act 2011. Both of these laws were passed in 1976 and 2011. The Trademarks Bill 2019 will be implemented beginning in 2020, with the first steps being taken in 2019. Malaysia became a member of the World Trade Organization in 1989, as well as the World Intellectual Property Organization the following year. Also, in December of last year, Malaysia ratified Protocol No. 1 to the Madrid Agreement on the International Registration of Marks, which was signed in Madrid and became effective immediately. According to Section 25(1) of Malaysia’s Trademarks Act 1976, people who use or intend to use a trademark may file a trademark registration application in the country of Malaysia.
Trademark registration procedure in Malaysia
Submission of Form TM5 (the application form), as well as a formal declaration, is necessary for the filing of trademark applications in the United States. The image on the sign should be sharp and last for a long time. Images that are larger than the TM5 form must be fastened to the application with a durable material that is no more than 10 cm by 10 cm in dimensions.
Trademark registration and search are both available online in Malaysia, as is trademark search (online or manually). There are some trademark searches that aren’t necessary before submitting an application. Despite this, it is a common occurrence in the world. In Malaysia, the Nice Classification System and the Madrid Protocol are used for the classification of commodities and services, respectively. After the Trademark Act, 2019 takes effect, and users will be able to use feature-rich applications.
Registration of Malaysian TM and their use
In Malaysia, prior use of a trademark is not required in order to register it. It is possible to provide evidence of use in the event of an objection, demonstrating that the distinction is real. If a trademark is not in use, it is not necessary to register it in Malaysia, according to the country’s trademark law. It is possible for the mark to be revoked for non-use if the applicant does not use the mark continuously for three years after the date of the registration notice has been issued (Section 46 of the Trademarks Act 1976 and Section 46 of the Trademarks Act 2019 when it is in force).