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Seiter IP Consultants LLP

​(Registration No. T13LL0229C)

105 Cecil Street, #22-00

The Octagon (Suite 2215),
Singapore 069534

+ 65 62219250

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In association with:​

Dharsan Seiter Law Corporation

(Registration No. 201720773H)

© 2019 by Seiter IP Consultants LLP. All Rights Reserved.

Trademarks in Malaysia

  • Filing a trademark in Malaysia is relatively straightforward, but multi-class applications are not allowed.

  • The application is filed online at the Malaysian Intellectual Property Office (MYIPO). The fees for filing a trademark in one class would be approximately US$500. We offer discounts for filing in additional classes.

  • A request to expedite the application may be filed at the time of filing or within 4 months from the date of filing. Approval of expedited examination is subject to the reasonable satisfaction of one of the criteria under the regulations, i.e. public interest, possible infringement.

 

  • The average time taken to obtain registration of a trademark is 18 to 24 months, with the opposition period being 2 months.

 

  • MYIPO may object to your trademark application for being non-distinctive, descriptive or even for being confusingly similar to another trademark (pending or registered). Sometimes, you may face objections to your list of goods or services applied for.

  • If you face objections (i.e. office actions), then you have the option of overcoming these objections a number of ways, for example by filing a response through written arguments or possibly through acquired distinctiveness or by obtaining a letter of consent or even canceling a prior mark for non-use. We would be happy to explain these approaches in detail at the relevant time. The chances of success in overcoming any objections depends on the merits of each case.

 

  • For responding to office actions, we charge on a fixed fees rather than hourly rates. We would be happy to provide you with a preliminary assessment and a quote upon request.

 

  • Malaysia adopts a “first to use” system so if you have used your mark for a long time and obtained goodwill as a result of that use, you may be able to stop potential infringers.

 

  • Before embarking on any trademark application, we recommend that you engage our services to conduct a trademark search on the Registry’s records to ascertain if your trademark is registrable and whether there are any confusingly similar marks that may block your trademark registration. 

  • If you have a Malaysia trademark and would like to expand your business overseas, you may file your trademark nationally in different countries. Get in touch with us today for a fee quote!