In today’s highly competitive business world, it becomes essential to protect your brand identity.
Registering a trademark is an excellent strategy to safeguard your company’s intellectual property and stand out from your competitors by distinguishing your products and services.
If you are currently doing business in Malaysia or are planning to do so, you must have a solid understanding of the trademark registration process.
Fortunately, this article highlights a comprehensive, step-by-step guide to help you navigate the process of how to register a trademark in Malaysia with confidence and ease.
6 Steps To Register Trademark In Malaysia
Here are 6 essential steps on how to register a trademark successfully, protecting your brand identity:
Step 1: Conduct A Trademark Search
Before applying for trademark registration in Malaysia, it is crucial to conduct a thorough search.
This will ensure that your proposed trademark is available for registration and does not resemble existing trademarks. You can use the Intellectual Property Corporation of Malaysia (MyIPO) website or seek help from a professional trademark search firm.
Step 2: Determine The Appropriate Trademark Class(es)
When registering a trademark, it is important to categorise the associated goods or services into specific classes using the classification of goods and services provided by MyIPO.
There are 45 different classes to choose from. Hence, seeking professional advice can help ensure accurate classification for your trademark.
Step 3: Prepare And File The Trademark Application
Afterwards, once you have completed the required searches and found the appropriate classes, the next step to registering a trademark is to prepare the trademark application.
You can either submit the application online via the MyIPO website or consider visiting their office in Bangsar, Kuala Lumpur.
The application should contain the following details:
- The applicant’s personal information (name, address, nationality, etc.)
- A distinct representation of the trademark
- A list of goods and/or services associated with the trademark
- Power of Attorney (if a trademark agent is involved)
Step 4: Examination And Publication
Following the submission of your application, the Trademark Division of MyIPO will thoroughly examine it to ensure it meets all legal requirements and to check for any conflicts with existing trademarks.
Once your application passes these examinations without objections or opposition, the authorities will publish your trademark in the Government Gazette of Malaysia for two months.
Step 5: Opposition Period
Throughout the trademark registration publication period, any individual can file an opposition.
Should an opposition be filed, a hearing will be held to settle the dispute. However, if no opposition is raised within the allotted time, the trademark will move on to the next stage.
Step 6: Registration And Issuance Of Certificate
In the absence of objections or once any oppositions are successfully resolved, your trademark will be promptly registered, and you will receive a certificate of registration.
You must make the required payment within the designated time frame to ensure a smooth registration process.
Protecting your brand and establishing a solid market presence in Malaysia requires registering a trademark.
By following this step-by-step guide, you will be able to confidently navigate the process of how to register a trademark and safeguard intellectual property rights. It is important to consult a professional trademark agent or attorney to ensure accuracy and compliance with legal requirements.
Once your trademark is registered, you can build brand loyalty, expand your business, and enjoy the benefits of a well-protected brand in Malaysia.