Register for a trademark to protect your business.

A trademark is your brand identity. In fact, it is what differentiates your product or service from others.

While having a trademark is not compulsory, all businesses are strongly encouraged to register for one.

This allows you to legally protect your brand identity from being misused by irresponsible parties, among other reasons.

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Steps to Register for a Trademark

The process of trademark registration can roughly take up to 18 months. It can take longer if you don’t go through the proper steps.

But, don’t worry because we are here to help you.

So, here’s our step-by-step guide on how to register for a trademark in Malaysia.

Step 1: Select a suitable trademark to register

There is a common misconception that trademark only means logo but it is actually more than that.

According to the Intellectual Property Corporation of Malaysia (MyIPO), a trademark means any sign capable of being represented graphically which is capable of distinguishing the goods or services of one undertaking from those of other undertakings.

That includes any word, phrase, symbol, design, or combination of these things that identifies your products or services.

However, not everything is eligible for a trademark.

The non-registrable trademarks include:

Prohibited Marks	If the use of which is likely to confuse or deceive the public or is contrary to law.
Scandalous or Offensive Matter	If it contains or comprises any scandalous or offensive matter or would not otherwise be entitled to protection in any court of law.
Prejudicial to the Interest or Security of the Nation	Registrar bears the responsibility of determining the trademark, whether it might be prejudicial to the interest or security of the nation. It may be that a mark contains an inflammatory statement or words.

If your trademark falls under the above categories, your application is most likely to be rejected.

Therefore, choose a trademark that complies with the Malaysian Trademarks Act 2019 for a smoother process.

Step 2: Conduct a trademark search

Moreover, your trademark should be distinctive and must not be identical or substantially similar to any existing trademarks.

This is to make sure there won’t be any conflicts that can delay the registration process.

Hence, why a comprehensive trademark search is highly advisable before filling out the application.

Furthermore, a search will also allow you to check if your trademark is available for registration.

Step 3: File a trademark application

The official process begins when you file for a trademark application.

To file for an application, you will need to fill out the TM5 form with the following information:

• Full name and address of the applicant
• Representation of the trademark (if it is other than normal typescript)
• Class number
• List of goods or services for which the trademark will apply
• Statutory Declaration

Step 4: Examination by the Registrar

After filing the trademark application, the registrar will examine your application for any irregularities during the Formality Review.

If there are any, you will be given the opportunity to correct the irregularities.

The Formality Review is then followed by a substantive examination.

During this phase, the registrar will examine your application to ensure that all requirements for legal registration have been met.

Step 5: Application approval or rejection

If your trademark application complies with all the requirements under the Trademarks Act 2019, you will receive a letter of approval.

On the other hand, if your application is rejected, you will be able to respond to the refusal either by sending an appeal letter or applying for an ex-parte hearing.

When your trademark finally fulfils the requirements, it will be published in the Government Gazette.

At this point, should anyone plan to reject or oppose the trademark registration, they can do so within two months.

If there is no objection, the trademark will be registered.

Step 6: Trademark Registration

Once your trademark has been successfully registered, you will obtain a certificate of registration.

The trademark is valid for 10 years from the date of application and is renewable for every 10 years thereafter.

Next read: Forbidden Claims on Product Labels in Malaysia

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Register for a Trademark Seamlessly

All in all, the process of registering for a trademark can be complicated and challenging.

Regardless, every business should try to register for a trademark since it is important to uphold your brand identity.

Still clueless? No worries, we can help!

Our trademark services help you through a smooth trademark application until you have your very own trademark.

To start, fill in your details below and our expert advisor will contact you shortly!

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DISCLAIMER

This article is for informational and educational purposes only and does not constitute legal or professional advice. Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Please opt for a one-to-one consultation with us or a relevant professional for your specific concerns regarding food business solutions in Malaysia before making any decisions.