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Filing Requirements:

Trademarks: Malaysia


  Trademark Requirements:
  1. Power of attorney simply signed for each application. (Power Form)

  2. Priority certificate of the home application in case of convention priority.

  3. STATUTORY DECLARATION notarized.

 

  Renewal Requirements:
  1. Power of attorney simply signed. (Power Form)

 

  Change of name/address:

  1. Power of attorney simply signed. (Power Form)

  2. Certificate of change notarized.

 

  Assignment Requirements:
  1. Deed of assignment signed by both parties notarized. (Assignment Form)

  2. Some consideration must be stated, no tax, no stamp duty.

  3. Assignment can be made with or without goodwill.

  4. Pending applications can be assigned, while unregistered marks cannot.

 

General Information:

Classification Of Goods / Services: International; single-class filing.

 

Member of Madrid Agreement: No.

 

Member of Madrid Protocol: No.

 

Member of Nice Agreement: No.

 

Registrable: Trademarks, certification marks, service marks, defensive marks.

 

Time from filing to registration: 36-60 months.

 

Registration Duration: 10 years from filing date.

 

Renewal Duration: 10 years.

 

Publication: After acceptance, in the Government Gazette.

 

Opposition Period: 2 months.

 

Renewal Application: Within 3 months before expiry.

 

Grace period allowed for renewal: 1 months prior to expiry.

 

Use requirement: Non-use for 3 years following the issuing date of the Certificate of Registration makes the trademark registration vulnerable to cancellation; it is possible to file an intent-to-use application in Malaysia.

 


 

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