How to Register Trademark to myIPO?

[David White]

Initially, you must send or upload a properly completed Form TM5 containing the applicant's contact information if it is yourself, then your contact info, a visual depiction of the mark, a summary of the products or services, and/or the class for which your corporation seeks to receive the approval of a trademark, a duly attested formal declaration of possession of the mark and payment of the necessary fees of RM250.

An applicant can also perform trademark application through the MyIPO website at www.myipo.gov.my. Trademark Office Upon receipt of your submission through MyIPO, your submission becomes assigned with a registration detail.

Then, what happens to your application?

- MyIPO reviews the submission concerning conformity with the specifications of formality.

- MyIPO then checks the submission to check if it satisfies all the legal criteria for approval (such as category correction or compliance or any conflict with previous trademarks)

- If the inspector approves the mark or if the challenges are resolved, you will get a receipt for the next step which is paying for publication-RM450. Your mark will be published in Warta Kerajaan(Government Gazette) upon payment of the fee.

- There are two months after this for someone who wants to refuse the approval like competitor companies working in the same field with you, etc.

- If no objection is lodged during the specified time or if the opposition is resolved, your trademark will be included in the Registry of Marks and you will be given a certificate. The original registration is valid for 10 years from the date of request.

- By submitting a renewal form (Form TM12) and paying the required renewal fee of RM420, the trademark can be renewed for good.

How long will it take for registering a trademark?

The time required from the date of the trademark application form to the date of issuance of the certification is about eighteen months for a non-problematic application. If the MyIPO raise objections to your mark, the period will be longer.

How much does it cost to register a trademark in Malaysia?

One critical point is to create a trademark that is genuinely “unique”. The law asks for it and in Malaysia, your trademark should be distinguishable from others by design, color, and slogan. So, preparing a trademark can create additional costs. But if you do not create a unique trademark then you will be rejected, or the process will take a longer time.

So, besides the application fee, you may have the following costs, but they are at your discretion;

- Logo design

- Trademark research – consulting an expert for category selection, application form filling, etc.

- The fees per class and per trademark as follows:

1. Form TM 1 is RM30

2. The application Form TM 5 is RM250

3. Publication Form TM 29 costs RM450

Do you need a trademark application agency for the application?

MyIPO does not ask you to partner with an organization and you can register on your own. The assistance of a trademark consultant trained in undertaking a trademark search can, indeed, save time, ensures that you submit in the relevant class(es) of trademarks and, on absolute grounds, prevent refusal. The support of a trademark consultant would be helpful in situations where your proposal is subject to a MyIPO objection or a third-party response. If you apply for trademark overseas, you would be expected to have a trademark representative residing in the country concerned. For further questions, you can contact our trademark application consultancy at any time.

Looking for more information about registering trademark (TM) in Malaysia? Then, you might be interested in checking Mandreel.com - Trademark (TM) & Copyright Registration on MyIPO.

Reference:

Mandreel Agency: TM Logo & MyIPO Trademark Search