Trademark
What We Do
KASS: Expert Trademark Services in Southeast Asia
At KASS, we help businesses protect their brands by offering comprehensive trademark services across Southeast Asia. Our experienced team assists clients in trademark searches, applications, registrations, and enforcement, ensuring your brand is well-protected. Whether you are a local business or an international company entering the Southeast Asian market, we provide tailored advice on trademark infringement, opposition, and maintenance, keeping you updated on the latest developments in trademark law.
Frequently Asked Questions
A registrable trademark is one that can include a distinctive logo or symbol, image, name, signature, word, letter, numeral or any combination thereof.
Non-Traditional Marks (NTMs) such as smells, sounds, colours, shapes, moving images, tastes and textures are now also registrable in several ASEAN countries. Get in touch with us if you’d like to find out whether such marks are registrable in your intended jurisdiction.
In general, ASEAN countries follow the 11th ed. of the NICE International Classification of Goods and Services. There are 34 classes for goods and 11 classes for services.
The class headings for the 45 classes can be found on the website of the World Intellectual Property Organization (WIPO):
However, do note that class headings only serve as general indications of the type of goods or services and may not cover all the goods or services in the class. You should not list or claim the entire class heading of each class of goods or services in the application form.
Contact us for assistance in itemizing the specification of goods or services of your interest in the application as you may find that they fall under more than one class or that they are described erroneously.
Most business owners choose a trademark, then go on to spend a large sum of money on the marketing, advertisement and promotion of their brand. However, when they venture into a foreign market, they cannot be 100% certain that they can use the same brand they developed in Malaysia.
We have had people who come to us too late, unable to use their local marks overseas due to a substantially similar or identical mark existing in that particular foreign country, and thus had to spend more money, time and effort:
- designing a new mark
- creating a new branding strategy, with new advertising and promotion material
- developing new packaging
A trademark search allows you to check and determine whether the mark you intend to register is available for registration in all jurisdictions of interest under the relevant class of goods/services. This helps ensure that there are no other possible conflicting marks in the class.
With a search, you will be able to change your brand if there is a similar brand already on the register or pending registration in the various jurisdictions.
An availability search would also help you avoid infringement of a third party’s trademark, which would be a terrible start to venturing into overseas markets as it racks up legal fees to respond to the other party’s allegations and may cause negative publicity in the country where you are trying to secure market share.
Additional KASS Information
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.
How to Obtain a Trademark in Indonesia
Registering a trademark in Indonesia is a straightforward process with a timeline of approximately 8–10 months if all requirements are met. Applications are filed online with the Directorate General of Intellectual Property (DGIP).
Requirements include:
- A simply signed Power of Attorney (PoA).
- A Statement of Mark Ownership.
- A legalized Deed of ownership.
- For priority applications, a certified copy of the Priority Document with an English translation (if not already in English).
Trademarks must be in Bahasa Indonesia or English. Marks in other languages or scripts require a certified translation and transliteration.
Indonesia supports multi-class applications and is a member of both the Madrid Protocol and the Paris Convention, providing an efficient pathway for international trademark protection.
How to Obtain a Trademark in Thailand
Registering a trademark in Thailand involves submitting an application to the Department of Intellectual Property. The process typically takes 12–18 months and requires compliance with specific document and procedural requirements.
Key Requirements Include:
- Two notarized Powers of Attorney (PoA).
- A notarized original Agreement for licensing or assignments.
- A copy of the Registration Certificate for previously registered trademarks.
- A signed copy of the applicant’s passport or identity card, applicable if the licensor, licensee, assignor, or assignee is an individual.
- For priority applications, a certified copy of the Priority Document with an English translation (if not already in English).
For marks in languages other than English or Thai, a translation and transliteration of the mark is required.
Thailand supports multi-class applications and adheres to both the Madrid Protocol and the Paris Convention, making it an ideal jurisdiction for international filings.
Trademarks must align with Thai legal requirements, ensuring they are not misleading, offensive, or too descriptive. Once registered, the mark is protected for 10 years, with the option for renewal.
Securing a trademark in Vietnam involves filing an application with the National Office of Intellectual Property of Vietnam (NOIP). The process generally takes 12–18 months and requires the submission of specific documents and compliance with legal protocols.
Key Requirements Include:
- A simply signed Power of Attorney (PoA).
- A notarized original Agreement for licensing or assignments.
- A copy of the Registration Certificate, if applicable.
- For priority applications, a certified copy of the Priority Document accompanied by an English translation (if not in English).
- For marks in languages other than English or Vietnamese, a translation and transliteration of the mark.
Vietnam supports multi-class applications and is a member of both the Madrid Protocol and the Paris Convention, facilitating international trademark filings.
Validity and Renewal
A registered trademark in Vietnam is valid for 10 years, with the option to renew for subsequent 10-year periods.
How to Obtain a Trademark in Singapore
To secure a trademark in Singapore, you must file your application with the Intellectual Property Office of Singapore (IPOS). The process typically takes 8–14 months for a smooth application.
Key Requirements Include:
- A simply signed Power of Attorney (PoA) is not required.
- For licensing or assignment, provide a copy of the simply signed agreement (for our records).
- For assignment or mergers, the certified copy of the Priority Document is required only upon request by the Registrar.
- If the mark is in a language other than English or Malay, provide a translation and transliteration of the mark.
- Multi-class applications are supported.
Singapore is a member of the Madrid Protocol and the Paris Convention, ensuring a streamlined process for international trademark protection.
Validity and Renewal
Once registered, the trademark is valid for 10 years and can be renewed for subsequent 10-year periods.
How to Obtain a Trademark in the Philippines
To obtain a trademark in the Philippines, the application process typically takes 6–9 months. The registration process requires several documents to ensure compliance with the Intellectual Property Office of the Philippines (IPOPHL).
Key Requirements for Trademark Registration:
- Agreement must be examined by the Department of Trade and Industry Bureau (DITB) for compliance.
- Notarized Agreement and Notarized Power of Attorney (PoA) are required to complete the registration.
- If you're filing for a License or Registered User, you will need a Notarized Deed or Assignment Agreement, along with a simply signed PoA.
For Assignment and Mergers:
- A Certified Copy of the Priority Document is required to support the application, particularly for those seeking to claim priority based on an earlier filing.
With these steps, you can proceed with the trademark registration process in the Philippines.
