Trademark | ASI Website

Trade Mark Application

1. Trademark Meaning

Trademark means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

2. Purposes of Trademark

It helps to identify the source and those linked for the products and services trade in the market.
To enable consumers to choose goods and services with ease.
Consumers define a certain trade mark for its known quality.
It plays a significant role in promoting. It’s common for consumers to make purchases based on continuous effect of advertising.
Recognized trade mark is a valuable asset and it may be licensed or franchised.

3. Documents require to fill a Trademark application

A clear representation of the mark in softcopy (pdf or jpeg format).
The Applicant’s full name, address and identification number.
Statutory Declaration to affirm that the Applicant is bona fide proprietor of the mark and that the application is made in good faith is require.
A detailed list of the goods and/or services covered.
Certified translation of the trademark if it is not in Roman characters, or the Malaysian National language or English language.

4. Grounds of Rejection

a) Absolute grounds for refusal of registration

Contain a matter that might be prejudicial to the interest of the security of the country.

Contain or consist of the name or representation of another person without the consent of that person.

Deceive or mislead the public or consumer regarding the nature, quality, or geographical origin of the products.

b) Relative grounds for refusal of registration

- Identical or confusingly similar with an earlier trademark.

- Identical or similar to a well-known trademark whether it is registered in Malaysia or not.

Procedures to register trademark in Malaysia

Design your own distinguish trademark

Ensure the logo design fulfills all specifications listed in the Malaysian Trademarks Act 2019 and not fall under any criteria of the absolute and relative grounds of refusal.

Trademark Search

Before we file the application, we will study the existing trademarks in related industry and geographical area to to ensure no conflict exists.

Determine the classification of your products.

A trademark is registered and protected according to the type of the products. You may identify and search for relevant classes for the products (goods or services) under Nice Classification.

Application submission to Registrar of Trademark (MYIPO).

Submit the form containing the details of the applicant, graphics such as logo or illustration of the mark, description of the products and the desired class of trademark to the registar.

Examination by the trademark examiner

Examination will be completed by the trademark examiner. The Registar will verify the application and conduct substantive examination on the registrability of the trade mark which take up to 6 – 12 months processing time.

Publication of the trademark

Upon completion of examination, the trademark will be advertised for 2 months, this will allow time for third parties who wishes to oppose the registration.

Obtain of registration certificate

If there is no opposition to the proposed trademark, or the objection is withdrawn or decided in favour of the trademark applicant, the trademark will be then be registered, and certificate of registration with validy of 10 years will be given to the applicants.