Trademarks To Go
Your takeaway guide to trademarks
A trademark is the face of your product.
It helps people identify your products + services.
We understand that your are interested in exploring the world of trademarks. We would be delighted to journey with you.
Please feel free to explore the information provided below - we hope it provides some insight into the importance of trademarks and some of the core mechanics surrounding trademark protection.
If you are all set and ready to kickstart the search/filing process, feel free to jump straight here, and connect with us today.
Why a trademark?
Exclusivity
No one else can use the same identity
Security
A registered trademark is formal evidence of trademark ownership
Yours to Keep
Trademarks form part of your portfolio of intellectual assets
Value
Trademarks are valuable, and can be traded like property
What can I protect as a trademark?
Logo, business name, brand name
Colour, shape,
sound, scent
Hologram, Positioning, Sequence of motion,
3-D marks
Shape of goods and/or their packaging
Remember - it needs to be distinctive and unique to your identity!
Otherwise, people will not be able to differentiate you from your competitors.
Trademarks & Malaysia -
What Do I Need to Know?
Term of Protection
Once registered, a mark is valid for 10 years from the date of registration. Renew it for a further 10-year validity. Lather, rinse, repeat - your trademark will last forever. But make sure to use it!
Territorial
Trademarks (like all IP) are territorial. Filing and registering in Malaysia grants you protection in Malaysia only.
® for Registered
Once a trademark is registered, the "®" symbol can be placed on the top right corner of the trademark.
Coverage
Trademark registrations protect your trademark(s) for goods & services that you offer for sale. Trademarks are filed according to a classification system which is used to classify goods and services for the purposes of the registration of marks. Goods and services are categorised into 45 Classes under the classification system. Identify the Class(es) of interest, then identify the description(s) of goods and/or services of interest - this will be your trademark's coverage.
International Registration
Looking to expand beyond Malaysia? Consider the Madrid Protocol if you are looking at multi-jurisdictional protection.
What about the TM?
At any time, you can always use the "™" symbol on the top right corner of your intended trademark - this indicates to people that you are utilizing the mark as your trademark.
Trademarks & Malaysia -
What Do I Need to Prepare before Filing?
The Mark
What's the brand?
A word, a logo, or a combination?
Is the colour scheme important?
Remember, you have to use the mark in the same format it is applied for/registered
Applicant
Who is going to own the mark?
An individual, a company, joint owners?
Remember, the eventual owners of the mark will need to be the same ones using the mark.
Search First?
If you are not sure whether someone has filed and/or registered a similar/identical mark to what you wish to file, we can conduct a search on the Malaysia Trademark Office database to check, before you make the decision to file. Its also useful to carry out Internet searches too.
Classification
You can't have it all, so you need to pick the goods and services for your mark. These are categorized in Classes, according to the Nice classification (an international system) - you may require registration in multiple classes if your products and services cover a diverse field (for example - a large food brand).
Click here to access the classification and find out what classes are relevant for your mark.
Example:-
I sell hairdryers, and my brand is XYZ.
I would file my mark in Class 11 for hairdryers, and not Class 44 for hair salons.
Supporting Documents
If the Applicant is a company incorporated under the laws of Malaysia, a soft copy of the Certificate of Incorporation is required.
If the Applicant is an individual of Malaysian nationality, a soft copy of identification card is required.
Trademark Registration Process
1
Trademark Availability Search
Conducted to assess the registrability of the mark (i.e. whether there is same/similar prior mark(s) already filed/registered with MyIPO, and if the mark fulfills the registrability (i.e. whether the mark is distinctive and non-descriptive of your products/services).
2
Trademark Application
If the search result is favourable, a trademark application has to be submitted to MyIPO to register the mark.
Ready to Go?
We're excited to have the opportunity to work with you.
And to walk together with you as you grow your business and build your portfolio of intellectual assets.
Feel free to make a selection from the options below - you will be guided to complete the required information which will then allow us to get to work!
Carry out a search on the official Malaysia trademark database to identify any similar / identical trademarks.
* for one mark in one Class
* fee applicable to word mark (roman characters)
Search | RM 318
*
File a trademark application in Malaysia. If the trademark proceeds without any objections or oppositions, these are the only fees you will need to pay.
* for one mark in one Class
* fee applicable to goods & services from the Trademark Office's pre-approved list
File | RM 2,030
*