What is the procedure for trademark registration in Malaysia?

Registering a trademark in Malaysia is a straightforward yet detailed process, designed to ensure your mark is protected efficiently. Here’s what you need to know:

Malaysia, as a member of the Madrid Protocol and the Paris Convention, allows for multi-class applications, simplifying the filing process for businesses with diverse goods and services. The official languages for trademark applications are English and Bahasa Malaysia, ensuring clarity in documentation.

For a smooth registration process, you’ll need:

• A representation of your trademark.
• A list of goods or services under the applicable international classification.
• Translations and transliterations if your trademark uses a language other than English or Malay.

Applications typically take 12–18 months to complete if there are no complications, such as oppositions or office actions. Once registered, your trademark is valid for 10 years and can be renewed indefinitely for additional 10-year terms.

Malaysia’s streamlined system does not require a Power of Attorney (PoA), making the process even more accessible for businesses. However, specific documents, such as a simply signed Agreement or Form TMH2, may be needed for recordals or assignments.

Whether you’re an established multinational or a growing local business, we’re here to guide you through every step of the trademark journey, ensuring your brand is protected and ready to thrive in Malaysia’s dynamic market.

To obtain a patent in Malaysia, the process involves several steps to ensure that your invention is properly protected under Malaysian law. The timeline for the registration process typically takes between 36 to 60 months, depending on various factors such as the complexity of the patent application and the presence of any objections or amendments.

Key Requirements for Patent Registration:

Grace Period: Malaysia provides a 12-month grace period for an inventor’s own disclosure. This means that if the inventor publicly discloses their invention within 12 months prior to filing the patent, such disclosure will not affect the novelty of the invention.

Documents Required for Patent Application:

• An editable MS Word copy of the specification, including the description, claims, abstract, and any applicable figures or sequence listings, must be submitted in English.
• The name and address of both the inventor and the applicant, as well as the nationality of the inventor, must be clearly stated.
• If the applicant is not the inventor, you’ll need to provide an explanation of how the applicant obtained the rights to the invention.
• Signed Power of Attorney (PoA) and Statement of Justification of Applicant’s Right (SJAR) are required. These documents can be submitted at the time of filing or within 3 months after receiving a formality objection.

Special Considerations:

Claiming Priority under the Paris Convention: If you're claiming priority from an earlier application under the Paris Convention, the application must include the necessary documents as well.
No Notarization/Legalization Needed: Unlike some jurisdictions, Malaysia does not require notarization or legalization for the PoA or SJAR.

Duration of Protection:

• Patents: The protection for patents lasts 20 years from the filing date.
• Utility Innovations (UI): The protection for utility innovations lasts for 10 years, with the possibility of extending it by an additional 5 years.

With these requirements in place, the patent prosecution process in Malaysia ensures that your invention is properly protected while complying with national and international patent laws.