How Long Does It Take to Register Trademark in Malaysia?

Registering a trademark is a crucial step for businesses looking to protect their brand identity in Malaysia. One of the most common questions asked by applicants is, “How long does it take to register trademark in Malaysia?”

While the answer can vary depending on several factors, this article will provide a comprehensive overview of the trademark registration timeline in Malaysia, breaking down each stage of the process.

Overview of the Malaysian Trademark Registration Process

Before delving into the timeline, it’s essential to understand the main stages of trademark registration in Malaysia:

1. Filing the application
2. Examination (formal and substantive)
3. Publication
4. Opposition period
5. Registration

Average Timeframe for Trademark Registration in Malaysia

According to the Intellectual Property Corporation of Malaysia (MyIPO), the average processing time from filing to trademark registration is approximately 12-18 months. However, this timeline can vary depending on various factors, including the complexity of the application, the workload of the IP office, and whether any obstacles are encountered during the process.

Let’s break down each stage of the process and the time it typically takes:

1. Filing the Application 

The first step is to file your trademark application with MyIPO. To obtain a filing date, you need to provide:

• Applicant’s details
• A representation of the trademark
• A list of goods or services

If you’re claiming priority, you should submit a certified copy of the Priority Document, along with a certified English translation if the original is not in English, preferably within one month of filing the application.

The time to prepare and file these documents typically takes 1-2 weeks, depending on how quickly you can gather the required information.

2. Examination (4-6 months)

Once filed, your application undergoes both formal and substantive examination. The formal examination ensures all necessary documents are in order, while the substantive examination assesses the distinctiveness of your mark and checks for conflicts with existing trademarks.

3. Publication (2 months)

If your application passes the examination stage, it will be published in the official Journal. This stage typically lasts for 2 months.

4. Opposition Period (2 months)

During the publication period, any person may oppose the registration of your trademark. The opposition period lasts for 2 months from the publication date.

If no opposition is filed, your application will proceed to registration. However, if an opposition is filed, this can significantly extend the timeline as the opposition proceedings can take several months to resolve.

5. Registration (1-2 months)

Once the opposition period ends (assuming no opposition is filed), you’ll receive a Notice of Invitation for Publication. You must pay the official grant fee within two months of receiving this notice. After payment, it typically takes 1-2 months for the trademark to be officially registered and for you to receive your registration certificate.

Factors That Can Affect the Timeline

Several factors can influence how long it takes to register a trademark in Malaysia:

1. Completeness of the application: Ensuring all required information is provided correctly at the outset can prevent delays.
2. Examination objections: If the examiner raises any objections during the substantive examination, addressing these can extend the timeline.
3. Opposition: If someone opposes your trademark application, resolving this can add several months to the process.
4. Workload of MyIPO: The current workload of the IP office can affect processing times.
5. Complexity of the mark: More complex or unusual marks may require additional examination time.

Post-Registration Considerations

Once registered, your trademark is valid for ten years from the filing date. It’s important to note that you’ll need to renew your trademark every ten years to maintain protection. If you miss the renewal deadline, you have a six-month grace period to pay a late renewal fee.

While the average time to register a trademark in Malaysia is 12-18 months, it’s important to remember that this is just an estimate. Some applications may be processed more quickly, while others may take longer due to various factors.

To ensure the smoothest and fastest possible registration process, it’s advisable to:

• Conduct a thorough trademark search before filing
• Prepare a complete and accurate application
• Respond promptly to any office actions or objections
• Consider engaging a registered Malaysian trademark attorney, especially if you’re a foreign applicant

By understanding the timeline and potential factors that can affect it, you can better plan your branding strategy and ensure your trademark rights are protected in Malaysia as efficiently as possible.

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