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Trademark
A trademark application can be filed based on current use or an intention to use the trademark in the course of trade in Malaysia.
Once a trademark becomes registered, there is no statutory requirement for evidence of use/filing a declaration of use in Malaysia. However, a registered mark becomes vulnerable to a revocation action if the mark has not been used in good faith within three years from the date of issuance of the notification of registration and there are no proper reasons for such non-use. A revocation action can be filed at court by an aggrieved party.
No. Only the official form and fees are required. Legalization and notarization are not required.
If an application has been filed in a Paris Convention country, it is possible to claim priority for an application to register the same trademark in Malaysia within a period of six months from the date of filing of the Convention application. A priority date will be relevant when the Registry conducts its examination for prior applications/registrations, but will not affect the date of filing.
A trademark registration is valid for 10 years from the date of filing and must be renewed every 10 years.
An opposition can be filed within two months from the date of publication of the application in the Intellectual Property Online Journal (IPOJ). This deadline can be extended up to a maximum of a further two months.
Any individual, business organization or legal entity can apply to register a trademark.
Trademark protection is territorial. A trademark registered in Malaysia is valid only here. If you intend to export your products or services to other countries, you should consider either registering your trademark directly in each and every country of interest; or use the Madrid Protocol system.
Patent
There are two options: normal substantive examination and modified substantive examination.
Normal examination is a regular, full examination process under which an application is checked for compliance with all formal and substantive patentability requirements. In determining patentability, reliance is made primarily on the results of prosecution of corresponding applications in certain recognized countries.
Modified examination is a simplified examination process under which a Malaysian patent will be granted with a specification (description, claims and drawings) essentially identical to that of a single corresponding patent of Australia, Japan, Korea, the United Kingdom, the United States or the European Patent Office.
The filing of a request for modified substantive examination may be deferred on the ground that the required supporting information or documents are not available.
Deferment must be applied for within the regular term for requesting examination. The maximum period of deferment is five years from the Malaysian filing date.
An application can be expedited by requesting expedited examination or requesting for processing under the available Patent Prosecution Highway (PPH) program such as the PPH programs (JPO, EPO, CNIPA, KIPO, USPTO) and the ASEAN Patent Examination Cooperation (ASPEC) program.
A voluntary divisional application may be filed any time from the filing of a patent application (known as the parent application) up to three months from the mailing date of the first examination report issued to that parent application. No extensions are available.
A divisional application takes the same effective filing date as the parent application. The divisional application will have a maximum term expiring at the same time as the parent application, that is 20 years from the effective filing date of the divisional application.