Apply for Trademarks

People also ask

How much does it cost to register a trademark in Malaysia? How do I register a trademark in Malaysia? How long does it take to register a trademark in Malaysia? What trademark can be registered?


FILING TRADEMARKS


• 2 copies of completed application.

• One copy will be returned to customer for future reference.

• The trademark size must not exceed 10 cm x 10 cm.

• The payment is RM950.00 per class if the list of goods or services applied for is adopted from the pre-approved list of goods and services (Fee code TMA2A).

• Responsibility lies upon the applicant to claim that the list of goods or services applied for is adopted from the pre-approved list.

• The payment is RM1100.00 per class if the list of goods or services is not adopted from the pre- approved list (Fee Code TMA2B).

• If the trademark is in series, an additional fee of RM50.00 is applicable for the second and each subsequent trademark (Fee Code TMA2C).

• The applicant may apply more than one class in single application (Multiple classes).


Application for preliminary advice and search


Preliminary advice and search Application for preliminary advice and search


Any person may file an application to the Registrar for preliminary advice and search result together with payment of the prescribed fee.


The applicant shall furnish to the Registrar the following information:


(a) the applicant’s name and address;

(b) a clear representation of the trademark or the graphic representation of the sign;

(c) description of shape of goods or their packaging, if applicable;

(d) a statement of the goods or services and the class of goods or services for which it is proposed to register the trademark; and

(e) if the trademark contains or consists of a word which is not in Roman character or the national language or English language—


(i) a translation of the word in the national language or English;

(ii) a transliteration of any characters; and

(iii) the language to which the word belongs.


Upon filing the application for preliminary advice and search result, the applicant shall submit to the Registrar —


(a) the maximum number of six series for series of trademarks; or

(b) the maximum number of six views for shape of goods or their packaging.


An application may be made in a single application listing goods and services belonging to several classes of classification and in that case together with payment of the prescribed fee.


After the Registrar received the request for preliminary advice and search, the Registrar shall examine the application to see if the request fulfill the requirements as specified and if all the requirements are adhered to, the request for preliminary advice and search will be examined based on absolute grounds, relative grounds and other grounds.


The Registrar shall issue the result of the application filed within one month from the date of the application.


The results issued by the Registrar are either in—


(a) affirmative; or

(b) not affirmative.


Filing of application for registration following issuance of advice and search result


After the applicant had received the result of the Registrar and the result is in affirmative, the applicant may file an application for registration of a trademark.


It is advisable to apply as soon as possible after the applicant received the affirmative result from the Registrar so as to avoid any other trademark to apply for registration of an identical or similar trademark within the same period before the applicant files an application for registration with the Registrar.


In filing the application for registration, the applicant shall be required to fill in the preliminary advice and search reference number in the space provided in the application for registration of a trademark.


Application for refund of fee of application for registration of a trademark


An applicant who files an application for registration of trademark with the Registrar after obtaining an affirmative result of preliminary advice and search by the Registrar and subsequently receives a notification of provisional refusal after the examination of the application for registration of trademark, he may request the Registrar to refund the fee of an application.


The applicant who wishes to request for the refund of fee of the application for registration of a trademark shall do so by filing the request for refund together with the payment the prescribed fee.


Before filing the request for refund of fee, the applicant must file a request for withdrawal of his application for a registration of a trademark by filing the withdrawal form and pay the prescribed fee.


The withdrawal must be made within two months from the date the applicant received the provisional refusal.


After receiving the request for refund, the Registrar shall consider whether the applicant fulfills the requirement for refund.


There are two situations when refund of fee of application for registration of a trademark can be given as follows:


(a) if the application for registration of a trademark received provisional refusal based on absolute grounds.


Illustration:


An applicant makes an application to register his trademark after the Registrar issued an affirmative. However, later on, the applicant received a provisional refusal based on absolute grounds. The applicant is entitled to get refund on the fee paid for his application to register his trademark.


(b) if the application for registration of a trademark received provisional refusal based on relative grounds due to examiner's error


Illustration:


An applicant makes an application to register his trademark after the Registrar issued an affirmative result. However, there was a mark applied earlier than the applicant's. Thus, the earlier mark should be on record during the Registrar’s examination of the request for preliminary advice and search. In this situation, the applicant is entitled to get refund on the fee paid for his application to register his trademark.


There are two situations where refund of fee of application for registration of a trademark cannot be given as follows:


(a) If the application for registration of a trademark received provisional refusal on relative grounds out of control of Registrar;


Illustration:


An applicant makes an application to register his trademark after the Registrar issued an affirmative result. However, another person had applied for the identical or similar trademark that was entered to the record after the Registrar had given the result of the request of preliminary advice & search but before the applicant had make an application to register his trademark. Later on, the applicant received a provisional refusal based on relative grounds. In this case, the existence of the earlier trademark is well beyond the control of the examiner. Thus, the applicant cannot apply for refund of fee under this circumstance.


(b) If the application for registration of a trademark received provisional refusal on absolute grounds or relative grounds on the classes that was not part of the classes applied for during preliminary advice & search.


If you would like to know more, please contact Bestar.




© 2021 by Bestar

  • Facebook
  • Twitter
  • LinkedIn