Malaysia Brand Name Registration

Update Date:2015-9-19 2:32:20 Source:Tannet (Malaysia) Sdn Bhd Views:1163

Malaysia Hotline : +603-2141 8908

Through the latest statistic information of Malaysia trademark registration and application by local Malaysians and foreigners from Intellectual Property Corporation of Malaysia (MyIPO), there was successfully registered and applied for 59,204 cases in year 2013. Malaysia brand name registration allows people to register their brand names to the government in order to protect it and use it for their marketing purpose.

What is Malaysia Brand Name?

Malaysia brand name (® or ™) is the badge of origin in conjunction to distinguish from other products and brands. ® denotes that the brand name is registered and protected under Malaysia Trademark Law whereas ™ denotes that it indicates the brand name is used by the company. A brand name can consists of words, logos, pictures, alphabets, numbers or a combination of these. Brand name serves as a tool to enable consumers to recognize the products by the specific trader.

Who eligible to apply for Malaysia Brand Name?

Any person, whether Malaysian citizen or foreigner, who is the owner of the brand name used or proposed to be used by him or her in Malaysia, will be eligible to apply for Malaysia brand name registration.

Why an applicant needs a Malaysia Brand Name search report?

Before the applicant registers Malaysia brand name, the applicant can do a brand name research through one or more brand name classes and that particular class must be related to the use of the brand name and the business nature. The brand name search report will show the information such as any similar or duplicate existing brand names that have been registered under Intellectual Property Corporation of Malaysia (MyIPO) in order to avoid plagiarism and receive any objection from other owner of the similar brand name during the Malaysia brand name registration process.

Why register brand name in Malaysia?

Registering your own brand name in Malaysia is to give you the exclusive right to use it within the relevant region you have registered. Anyone else who uses your registered brand name will be presumed to be a willful infringer, and you could be entitled to monetary damages as a result of the infringement because there is a protection of the registered brand name in Malaysia.

Moreover, a registered brand name can treat as a valuable asset for the owner either own by individual or a company which can be sold or transferred to others. Distinguishing your products or services by using your brand name from other competitors can allow your consumers to recognize and identify your products or services provided in the market in order to provide consumer convenience and prevent marketplace confusion to the consumers. Your brand name can be design in the form of words, logo, slogan, package design, or other indicators of origin.

How long is the Period of Malaysia Brand Name Registration?

Once the applicant has registered his or her own Malaysia brand name to MyIPO, if there is no objection filed, the Malaysia brand name registration will be done within one or two months. For the reply of confirmation or rejection of the brand name registration, this procedure normally will take 1-2 years by the MyIPO’s officer to determine whether or not the applied brand names fulfill all the criteria under the Malaysia Trademark Law and whether or not receive any objection from other registered similar brand name’s owner. If there is an objection incurred during the process of confirmation for brand name registration, the applicant can be either choose to appeal it or redesign the brand name and apply the brand name registration again.

How long is the Protection Period of Malaysia Brand Name?

For Malaysia brand name, the protection period of the registered brand name certificate is normally up to a maximum of 10 years and it requires to renew it every 10 years by submitting some of the required documents and payment made to MyIPO for the brand name ownership’s renewal arrangement.

Tannet Malaysia is an International Consultant Firm based in Hong Kong, Shenzhen. We provide one stop business services to those investor who are interested to invest into Asia market such as International Company Registration, Global Trademark application, Company Secretarial Services and etc. Kindly contact us for more information if you are interested!

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