OUR SERVICES

TRADEMARK

Global Trademark Protection

We provide full range of prosecution and advisory services about trademark including:-

Registration

of trademark in Malaysia and globally

Trademark portfolio maintenance and management

Trademark litigation support and other advisory services

Due diligence of trademark registration

Renewal of trademark

Trademark searches and analysis

Licensing of trademark

Opposition of trademark registration

Sale and transfer of trademark

Quick Facts About Trademark

What is trademark?


A trademark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof, as defined by Malaysian Trade Marks Act 1976.

It is used by business owners to distinguish their goods or services from the competitors.




Why is registration of trademark important?


Simply put, to prevent others from using it.

The registered proprietor of a trademark will be granted exclusive right to use the trademark in respect of the goods or services. Anyone who uses a registered trademark without the consent of the proprietor constitutes trademark infringement, and the proprietor could sue the infringer for damages and other legal remedies.




How long is the validity of a registered trademark?


Registration of trademark can be valid perpetually provided it is renewed every 10 year.




How to register a trademark in Malaysia?


  1. Identify the goods or services covered under the trademark in order to determine the classification.
  2. Conduct pre-filing trademark search to evaluate the registrability. (optional)
  3. Determine the owner of the trademark to be registered, it can be personal or company
  4. Submit trademark application, which is on 1 mark 1 class basis.
  5. Once the application is accepted (or approved), make an advertisement request for the trademark for public opposition purposes.
  6. The trademark will be registered if there is no public opposition within 2 months from the date of advertisement.




How to register trademark internationally?


At the moment, there is no universal system to register a trademark internationally. A trademark owner should register his trademark in the intended countries individually.





Flowchart Trademark Application Procedure

(TRADE MARKS ACT 1976)

APPLICATION

(Date and No. Of application issued)

[From TM5 - RM370 (Manual)]

FORMALITY CHECKING

(Compliance with statutory requirement)

Non-compliance

SEARCH & EXAMINATION

(Examination on the registrability
and search for prior marks)

GAZETTE

[Form TM31 - RM650]
(2 months to oppose)

AMENDMENT

(12 months to respond)

WRITTEN

APPEAL

EX-PARTE

HEARING

Comply

Opposed by third party

Accepted

Not Accepted

Not Accepted

Accepted

Accepted

Objected

Accepted

Not Accepted

OPPOSITION PROCEDURE

INTER-PARTE HEARING

[Form TM7 - RM650]

CERTIFICATE OF

REGISTRATION

APPLICATION

REFUSED

APPEAL TO

HIGH COURT

Opposition accepted

Opposition rejected

© 2019 by IP Gennesis Sdn Bhd. 

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