We append hereunder a general overview of the registration procedure for trademark in Malaysia: -
- The Registry is open to the public to conduct searches prior to the filing of application for registration on payment of the requisite fees. An unofficial search (which, due to the state of the public records cannot be taken as conclusive) normally takes 1-2 weeks depending on the volume of the trademark applications filed or registered in a particular class;
- After filing, the application will have to wait for its turn to be examined by the officers of the Registry of Trademarks. It takes about 2-3 years for applications for the mark to be examined;
- If the Registrar does not raise any objections against the application it will then proceed to advertisement in the Government Gazette. However if objections/queries are raised by the Registrar during examination stage submission should be filed to overcome the objection and/or to answer the queries raised, before the mark is allowed to proceed to advertisement;
- If the third part opposes the mark during the two month after it is advertised, the mark will be registered whereby the applicant is required to pay the final registration fees; and
- The Certificate of Registration will then be issued by the Registrar in about 3-4 months after payment of registration fees.