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KASS International Sdn. Bhd.
Kuala Lumpur, Malaysia (MY)
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Malaysia (MY)

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07-31-2012 (Newsletter Issue 12/12)
10th Edition of Nice Classification
The Malaysian Trademark Office has adopted the 10th Edition of Nice Classification as of January 1, 2012. Applications filed after December 31, 2011 are classified according to the 10th Edition.

Application filed before January 1, 2012 are classified according to the 9th Edition of Nice Classification. The Trademark Office also indicated that there will be NO re-classification of applications filed before January 1, 2012.

Source: Simonian IP, USA


02-21-2012 (Newsletter Issue 3/12)
Industrial Design Regulation Updated
The Malaysian Intellectual Property Corporation (MyIPO) has introduced some changes to the Industrial Design Regulations, effective on February 15, 2012.

Changes are:
1) Electronic filing of design applications and other documents throughout the prosecution of a design application with MyIPO are allowed. A document which is electronically filed is deemed to be effected at the time the document is accepted by the electronic filing system.
2) Increase of official fees, ranging between 30-50% for all stages of the prosecution process.
3) One copy of the representation of the design is now needed for the filing process. Previously 6 copies were needed.
4) While previously a Power of Attorney (Form ID 10) was needed for each individual application, a Letter of Authority has been introduced now, which will allow the agent to sign the foirm ID 10 for a number of design applications. The Letter of Authority will be needed at the filing stage to secure the finling date and application number. If the original letter cannot be obtained in sufficient time, a copy of the letter will be accepted by MyIPO, with the condition that the original will soon follow.

Source: KASS International Sdn Bhd, Malaysia


08-01-2011 (Newsletter Issue 10/11)
Notices on Extension of Time
The Intellectual Property Corporation of Malaysia issued Notices on Extension of Time for trademark matters effective from July 1st, 2011

The Notices apply across all applications/registrations which may require any form of extension of time, e.g. for filing responses to Office Actions or taking any proceedings under the Trademarks and Patents Acts and Regulations. A request for extension will be granted for a period of one (1) month up to a maximum of six (6) months from the initial deadline.
Any further requests for extension of time will not be entertained unless accompanied by a statement of case in the form of a Statutory Declaration with reasonable grounds for the Registrar’s consideration.
If the applicant is unable to respond within the granted extension of time, the applicant shall be deemed to have abandoned his application.

Source: KASS International Sdn Bhd, Malaysia


02-21-2011 (Newsletter Issue 3/11)
Trademark Regulations Changed
The Intellectual Property Corporation of Malaysia (MyIPO) has announced some major amendments to the Trademark Regulations, introducing several new Regulations and amendments effective by February 15th, 2011.

Major amendments effects for example the
- Procedure and schedule of fees
- Introduction of electronic filing
- Expedited examination

For more information about the updated Trademark Regulations please click here

Source: www.myipo.gov.my and
KASS International Sdn Bhd, Malaysia


Trade mark protection in Malaysia is governed by the Trade Marks Act 1976 (which came into force on September 1, 1983, incorporating the latest amendments with effect from March 3, 2003) and Trade Marks Regulations 1997 (which came into force on December 1, 1997, incorporating the latest amendments with effect from February 15, 2011).
Apart from statute law, the principles of “common law” also apply.
Trade mark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 10th edition
A device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof is registrable as a trademark provided that it contains or consists of at least one of the following criteria:
1. the name of an individual, company or firm represented in a special or particular manner;
2. the signature of the applicant for registration or of some predecessor in his business;
3. an invented word or words;
4. a word having no direct reference to the character or quality of the goods or services not being, according to its ordinary meaning, a geographical name or surname; or
5. any other distinctive mark.
Although non-traditional marks (like sound marks, olfactory marks, three-dimensional forms, colours) are not registrable in Malaysia, the Intellectual Property Corporation of Malaysia (MYIPO) has proposed amendments to the Trade Marks Act 1976 to include non-traditional trade marks.
The following trademark types are registrable: trademarks, service marks and certification marks.
An application to register a trademark has to be filed with the Registrar of Trade Marks.
A separate application has to be filed for each class.
Foreign applicants need a local agent. They can only apply for a trademark through a Malaysian agent.
Foreigners can only apply for a trademark through a Malaysian agent.
A power of attorney is not needed.
A Statutory Declaration declaring bona fide ownership of the mark, is needed.
Foreign applicants do not need a domestic registration.
The application process is subject to a two-stage examination process. At the first stage, formal examination is conducted to ascertain that the necessary information and documents have been provided. Once there is compliance with the formalities, the application will proceed to the second stage for substantive examination which includes an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is about 9to 12 months, if there are no objections or oppositions.
The Registrar has discretion to decide whether to accept or refuse the application. If the application is accepted, the mark will proceed to publication in the Government Gazette for 2 months for opposition purposes. If the application is objected by the Registrar, the applicant is given two months to file a written submission. If the Registrar subsequently maintains his objection, the applicant may within 2 months of the maintained objection request for a hearing to present oral arguments.

National:
The opposition period is 2 months from the publication date of the application.
The duration of a trademark is 10 years from the date of application and is renewable for periods of 10 years each.
The grace period for late renewals is 1 month from the expiration of the last registration of the trademark. Within 1 year from the expiry of the registration, an application can be made to the Registrar to restore the mark and renew its registration if the Registrar is satisfied that it is just to do so.

Further practical details are available in our publication on this topic here
If a trademark has not been used for a continuous period of at least 3 years, the trademark may be subject to cancellation on the ground of non-use by any aggrieved person.

Further practical details are available in our publication on this topic here
The official application fee for registration of a trademark is MYR 370 per class for manual filing and MYR 330 per class for electronic filing. Once the mark is accepted and ready for publication in the Gazette, there is a fee payable for advertisement of the mark which is MYR 650 per class for manual filing and MYR 600 per class for electronic filing.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 350,00 € 250,00 € 
Word Mark Search (identical) 310,00 € 210,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
04-25-2017
Tay & Partners, Kuala Lumpur, Malaysia

07-04-2013
Henry Goh & Co. Sdn. Bhd., Kuala Lumpur, Malaysia

12-15-2011
Henry Goh & Co. Sdn. Bhd., Kuala Lumpur, Malaysia
KASS International Sdn. Bhd., Kuala Lumpur, Malaysia



KASS International Sdn. Bhd.

8-7-2 Menara Mutiara Bangsar, Jalan Liku, Off Jalan Riong, Bangsar
59100 Kuala Lumpur
Malaysia (MY)

Intellectual Property Corporation of Malaysia (Perbadanan Harta Intelek Malaysia)
Unit 1-7, Ground Floor
Menara UOA Bangsar
No. 5 Jalan Bangsar Utama 1
59000 Kuala Lumpur


Tel +603 22 99 84 00
Fax +603 22 99 89 89
Mail ipmalaysia@myipo.gov.my
www.myipo.gov.my