Malaysia is a signatory to international intellectual property treaties such as the Paris Convention and the Nice Agreement. It joined the Madrid Protocol on December 27, 2019. Therefore, trademark registration can be processed through 'single-country registration' or 'Madrid international registration.'
Documents Required for Trademark Registration
- Trademark registration application form;
- Applicant’s name, address, and nationality;
- List of goods and/or services;
- Trademark specimen;
- Payment document or receipt;
- Notarized Power of Attorney;
- Certified copy of the priority document (if priority is claimed, this document and its Malay translation are required; the translation must be signed by a qualified professional translator in Malaysia).
Trademark Registration Application Process
- Application: Follows the 12th edition of the Nice Classification; allows multi-class applications; operates on the 'first-to-use' principle.
- Examination: Formal and substantive examination, taking approximately 6 months.
- Publication/Opposition: Opposition period is 2 months.
- Approval and Certificate Issuance.
Validity Period and Renewal
A trademark registration in Malaysia is valid for 10 years from the filing date. Renewal can be filed within 6 months before the expiration date, with a grace period of 1 year. The renewed validity period is 10 years.