MALAYSIA Law and Practice Contributed by: Dato’ Brian Law, Suaran Singh Sidhu, Woo Wai Teng and Ashlyn Kwong, LAW Partnership
registered trade mark owner will certainly have better rights as compared to the owner of an unregistered trade mark. Only a registered trade mark owner can bring an action for trade mark infringement. See 2.3 Trade Mark Rights and 2.1 Types of Trade Marks on the different requirements for registering different types of trade marks. 4.2 Trade Mark Register The Trade Mark Register which contains details on all filed and registered trade marks in Malay - sia is maintained by the Registrar of Trademarks and is publicly accessible through MyIPO’s IP online system. While it is not mandatory to conduct searches for existing trade marks before applying to reg - ister a trade mark, it is advisable to do so. 4.3 Term of Registration Duration of Trade Mark Registration A trade mark registration is valid for ten years from the date of registration and is renewable every ten years. Late Renewal and Restoration A renewal request must be made within six months of the registration’s expiry, or it will be deemed removed. The proprietor may request restoration within six months of removal or the registration ceases. Renewal only requires pay - ment of the applicable fees.
belonging to several classes (ie, a multi-class application). The Registrar of Trademarks examines appli - cations for compliance with the TMA 2019 and searches for conflicting trade marks. If the application meets registration requirements, it is accepted, and the Registrar of Trademarks will publish the application in the Intellectual Prop - erty Official Journal for opposition purposes. If no opposition is filed, the trade mark will be registered. Filing Particulars Among other things, the application must include: • the applicant’s details: this is the name, address and nationality for individuals and company details for corporate entities; • representation of the trade mark; • specification of goods/services; • claim of priority (if applicable); and • declaration of use or intent to use. Filing Fees The fees are as follows: • MYR950 for each class by adopting specifi - cations from the pre-approved list; • MYR1,100 for each class without adopting specifications from the pre-approved list; and • an additional MYR50 for the second and each subsequent trade mark (up to a maximum of six) where a series of trade marks are being registered. Other Requirements Any person who claims to be the bona fide pro - prietor of a trade mark may apply for registration of the trade mark. Under Section 95(2) of the TMA 2019, non-residents or those not primarily
4.4 Application Requirements Requirements and Procedures for Registration
Applications must be filed with MyIPO, either online or manually. An application may be made in a single application listing goods or services
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