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Renewal of Malaysia Trademark

Update Date:2018-4-10 15:52:27 Source:Tannet (Malaysia) Sdn Bhd Views:303

Malaysia Call :+603-2141 8908

A registered Malaysia trademark is valid for ten years protection from the date of application and it is renewable indefinitely every ten years. Below are the procedure for renewal of Malaysia trademark.


Procedure for Renewal of Malaysia trademark

The owner of the Malaysia trademark has to file Form TM-12, which is an application for renewal before the Registrar. This application has to be filed within 6 months from the date of expiration of the registration.

1 – 3 months before the expiration of the registration, if no application for renewal has been filed, then the Registrar shall send a notice to the trademark owner informing him of the upcoming renewal date. Keep in mind that no trademark can be removed, if notice of renewal has not been served.

Along with the application for the renewal of Malaysia trademark, the trademark owner has to pay a renewal fees as prescribed. Failure to pay such fees will cause the removal of the Trademark from the register.

Consequences of Failure to Renew

The consequences of not renewing the trademark are severe. In case no application for renewal has been filed, or in case no fee for renewal has been paid by the trademark owner, the Registrar will have to remove the mark from the register.

Before removing the trademark, the Registrar shall first advertise his intention to remove the mark by advertising the notice to remove in the trademark journal.

Failure to renew affects not just the trademark owner but also all those people who are either assigned or licensed the trademark. It also affects your legal rights, by not renewing your trademark, in effect weakens your legal position. A registered trademark has the benefit of exclusiveness. Registration protects you from infringement claims. However, the most important benefit of renewal is that it deters other people from using your mark.

After receiving applications to renew the trademark, the Registrar shall advertise the mark once again. After the lapse of the prescribed waiting period, the mark will be entered in the register of trademarks. The entry shall specify that the mark has been renewed for a period of 10 years.


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