Summary
Brief Outline of Trademark Registration Procedure in Malaysia
Upon receipt of an application, the application would be allotted an application number. This is followed by formality examination. If formality is complied with, substantive examination (called full examination here) will be carried out. If formality is not met, the Registrar will issue an office action requesting the applicant to file amendment or to submit the missing document. The time frame from application to full examination typically takes nine months to a year.
If the application is not objected to on relative or absolute grounds, or if an objection is overcome, the application proceeds to acceptance whence the applicant is required to prepare the artworks for publication on government gazette. If the Registrar issues an objection, the applicant is required to file a response within TWO months. If objection is not overcome, the applicant could request for a hearing and should the mark be refused again after hearing, the applicant has the option of filing an appeal to the High Court. If the High Court ruled in favor of application, the mark proceeds to acceptance, else the application will be refused with no further recourse.
Once the mark is published (after acceptance of the mark), the public is given two months to file opposition. If there is no opposition, the mark is gazetted and a certificate of registration will be sent to the applicant. If there is no opposition and if the opposition is overcome, the application proceeds to registration; else the applicant has the option of filing an appeal to the High Court. If High Court ruled in favor, the mark proceeds to registration, else the application will be refused with no further recourse.
A trademark will be valid for 10 years from the date of filing in Malaysia.