TRADEMARK REGISTRATION
SERVICES
Before we go deep into that, you may want to know about the IP laws.
Intellectual Property (IP) is a category of property that includes intangible creations of human intellect. There are many types of IP rights and the best-known types in Malaysia are trademarks, patents, Industrial Designs, and Geographical Indications.
What is trademark?
According to the Malaysian Trademarks Act 2019, “trademarks” means any sign capable of being represented graphically, including any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, colour, sound, scent, hologram, position, sequence of motion or any combination thereof.
In YLC Trademark Consultancy, we provide variety of IP related services as follows:-
Why you need to register your trademark?
- To obtain the exclusive right to use the trademark to the exclusion of others.
- Once registered, your trademark becomes your personal property which is capable to be inherited by your next of kin/ beneficiary
- The registration can enhance your business value as a registered trademark can be transferred to a third party through licensing or assignment.
- Great sense of belonging and it will inspire confidence amongst your partners/ employees
- Easy enforcement whenever there is an infringement by a third party
1
Trademark search and review
Our trademark agent will first examine your business mark and further conduct a manual search on similar/possible trademark(s) in the Malaysian IP Journal.
Upon the completion of examination and search, our trademark agent will orally advise you as to the registrability of your business mark and give your practical suggestions if any amendment is needed to comply with the existing laws & regulations as set forth by the trademarks registry..
(Usually take about 1-2 days)
2
Filing preliminary advice application
Once our trademark agent is of the opinion that your business mark is registrable per se, we will file an application with the trademark registry so as to obtain a written opinion from the Registrar.
The purpose is to enhance the success rate of the trademark application as the written opinion can be used to support the trademark application later, and to prevent wasted costs.
(Usually take about one month)
3
Submission of Trademark Application
Once we obtain the written opinion of the Registrar, we shall proceed to submit the trademark application papers if the Registrar’s opinion is in favor of our client.
Under the existing laws, a series of trademarks and different classes can be filed through a single application.
(Usually take about 1-2 days)
4
2 stages Examination
The trademark application will be examined by the Registry
Generally, the application will go through 2 stages of examination.
The first stage is known as formal examination, the purpose is to examine whether the trademark application has complied with all the formality requirements.
The second stage is known as substantive examination, the purpose is to verify whether the business mark has complied with all the applicable laws, regulations and public policies in Malaysia.
(Usually take about 8 months)
5
Publication
Once the trademark has been approved by the Registrar, the trademark will be published in the Malaysian IP Journal. *link
This is to any person who has an interest in the trademark an opportunity to object to the trademark application.
The publication will last for 2 months.
The trademark will be registered, and the owner can request a certification of registration be issued by the Registrar
(Usually take about 2-3 months)