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Home REGISTERING A TRADEMARK REGISTERING A TRADEMARK IN ASIA Register a trademark in Malesia

Register a trademark in Malesia

by Admin / Sunday, 02 September 2018 / Published in REGISTERING A TRADEMARK IN ASIA

Registering a trademark in Malesia: which kind of trademarks, times, proceedings, validity ad duration.

Register a trademark in Malesia

In this post we talk about:

  • Which trademarks can be registered in Malesia
  • Trademark filing and registration of a trademark in Malesia
  • Validity and duration of a trademark in Malesia

Which trademarks can be registered in Malesia

In Malesia a trademark is a sign which distinguishes the goods and services of one trader from those of another. A mark may include words, logos, pictures, names, letters, numbers or a combination of these.

Trademark filing and registration of a trademark in Malesia

From December 27, 2019, Malaysia becomes part of the Madrid Protocol: this will allow the use of the international trademark registration procedure with considerable advantages in terms of time and costs.

Also Malesia uses Nice Classification. An application shall not be made in respect of goods or services comprised in more than one class (single class system); therefore, if you would like to register a trademark in 3 classes you have to file three registrations.

According to section 25 of Trademark Law Treaty,

“the Registrar may refuse the application or may accept it absolutely or subject to such conditions, amendments, modifications or limitations, if any, as he may think right to impose”.

When the application for registration has been accepted, it is advertised and any person may file the opposition. The Registrar shall decide whether:

  1. to refuse the trademark;
  2. to register the trademark absolutely;
  3. to register the trademark subject to such conditions, amendments, modifications or limitations as he may think fit.

The decision of the Registrar is subject to appeal.

In the absence of objections and oppositions, the registration process takes approximately between twelve and eighteen months from the date of filing.

Under section 36 of the Trademarks Act:

“In all legal proceedings relating to a registered trademark the fact that a person is registered as proprietor of the trademark shall be prima facie evidence of the validity of the original registration of the trademark and of all subsequent assignments and transmission thereof”.

Validity and duration of a trademark in Malesia

A registered trademark may be removed from the Register upon application by an aggrieved person on the ground that the mark was registered without any genuine intention to use the said mark and there has been such use; or there has been no bona fide use of the mark in Malaysia for at least three years prior to one month before the date of application to remove it.

Trademark registration is valid for ten years from the date of application and may be renewed every ten years.

According to section 38 of the Trademarks Act a registered trademark is infringed by a person who, not being the registered proprietor of the trademark or registered user of the trademark using by way of permitted use, uses a mark which is identical with it or so nearly resembling it as is likely to deceive or cause confusion in the course of trade in relation to goods or services in respect of which the trademark is registered.

Eva Troiani law firm is at your disposal for further information on how to register your trademark in Malesia.

Do you want to register a trademark in Malesia? Contact us!
Summary
Register a trademark in Malesia
Service Type
Register a trademark in Malesia
Provider Name
Lawyer Eva Troiani,
Via Pasquale Revoltella, 35,Rome,Italy-00152,
Telephone No. +390658233422
Area
Registration and protection of trademarks
Description
It could be necessary 18 months in order to obtain the regsitration of a trademark in Malesia. But then it has a duration of 10 years, renewable.

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Eva Troiani

Eva Troiani (Attorney At Law)

Eva Troiani has been working for over 15 years dealing with all aspects of the trademark: from trademark application to trademark registration worldwide, providing assistance in the event of disputes; she proposes an extensive legal advice to companies and professionals. She is the author of all the articles in this website “registrar-marchio.com”, a project created with the aim of providing useful and updated information on the trademark’s world to all readers. You can follow the lawyer Eva Troiani also on her Linkedin profile.


 

Eva Troiani

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For registration and protection of trademarks

The texts in this database are only for informational and scientific purposes and they are not to be considered official; we therefore decline any responsibility for possible errors or inaccuracies. All mentioned trademarks belong to their legitimate owners; trademarks, product names, trade names and the images of the products are the property of their respective owners. They are used in this database only for informational purposes, without any purpose of violating existing rights of others.
The information you obtained at this site is not, nor is intended to be, legal advice. You should consult Ms. Eva Troiani and/or a trademark attorney and/or an attorney at law handling with intellectual property for individual advice regarding any legal questions that you may have.

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Utility

  • Eva Troiani law firm: trademark registration and legal protection
  • The Project Registrare-Marchio.com
  • Where to register a trademark
  • The Verification of Trademark’s Requirements
  • Trademark Search: identity and similarity
  • Filing a Trademark Application
  • Graphic Creation of a Trademark
  • Trademark protection: the surveillance service for the protection of your brand
  • Trademark Opposition Proceedings
  • Trademark Assignment and Licence Agreement

Contact

Eva Troiani (Attorney At Law)

P. Iva IT07106461002
+39.338.29.38.021
info@marchiebrevettiroma.it
  • Who we are
    • Eva Troiani law firm: trademark registration and legal protection
    • The Project Registrare-Marchio.com
  • Trademark consultancy
    • The Verification of Trademark’s Requirements
    • Trademark Search: identity and similarity
    • Where to register a trademark
    • Filing a Trademark Application
    • Graphic Creation of a Trademark
    • Trademark protection: the surveillance service
  • Trademark legal assistance
    • Trademark defense from objections of the Trademark Office
    • Trademark defense from disputes
    • Trademark Opposition Proceedings
    • Trademark Assignment and Licence Agreement
  • Contact
  • FAQ
  • Certification
    • EUIPO Webinar 2023
    • SEE Webinar 2023
  • GET SOCIAL
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