Whilst, it is not mandatory to register a trademark before using it under Malaysian law, it is however strongly recommended to do so to prevent trademark hijacking. In Malaysia, a smooth trademark application process takes approximately between 9 – 15 months.
The symbol “®” is commonly referred to as a registered trademark or trademark which has been registered officially with the local Intellectual Property Office (MyIPO, in Malaysia). Hence, anyone can use the symbol “™” without registration but not anyone can use the symbol “®”.
The average wait time for a trademark approval ranges from 12 to 18 months. Factors like application complexity, existing trademarks, and USPTO workload can affect this timeframe. Expedited examination and timely responses can potentially speed up the process.
Renewal application can be made within: 6 months before expiry. Renewal duration: 10 years. Grace period to renew after expiration: 12 months with penalty.
In brief, an application shall be filed with the Intellectual Property Corporation of Malaysia (MyIPO) and includes: a completed Form TM5, signed by the applicant or his agent; where an agent is appointed, Form TM1 in respect of the address for service; a representation of the mark; a list of goods or services; and.
In Malaysia, a smooth trademark application process takes approximately between 9 – 15 months. The rights conferred by a trademark registration take effect from the date of application being filed.
Steps and Procedures Login to MOE website. Choose the service from the list of services. Fill in the application data, and attach documents. Electronic payment (AED 750) MoEc.
TM is used to indicate a trademark, and SM to indicate a service mark. When a mark is registered, it turns into “R”, the symbol used to indicate a registered trade or service mark.