Malaysia Trademark Registration

Malaysia Trademark Registration


Malaysia Trademark Registration, the protection is governed by the Trade Marks Act 1976 (TMA) and the Trade Marks Regulation 1997 (TMR). The TMA came into force on 1st September 1983, while the TMR, which repealed the initial Trade Marks Regulations 1983, was enforced on 1st December 1997.

 

With effect from 1 December 1997, service marks are also registrable. For convenience, the term "trademark" when used herein also includes "service mark" unless indicated otherwise. Any mark used/proposed to be used in relation to goods or services to indicate a connection in the course of trade between the goods or services and the person having the right to use the mark can be registered. In this regard "mark" includes any device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these elements. Marks in other than English or Malay are also prima facie registrable although certified translation and transliteration of the marks will be required to be furnished.

 

Malaysia Trademark Registration

Functions of Malaysia Trademark

Origin Function – A Malaysia trademark helps to identify the source and those responsible for the products and services sold in the market. 

Choice Function – A Malaysia trademark enables consumers to choose goods and services with ease while shopping. 

Quality Function – Consumers choose a particular trade mark for its known quality. 

Marketing Function – Malaysia Trademark plays an important role in advertising. Its normal for consumers to make purchases based on continuous influence of advertising. 

Economic Function – Established trademark is a valuable asset. Trademarks may be licensed or franchised.

 

Malaysia Trademark Classification of Goods and Services

Malaysia Trademark Registration Office (MYIPO) generally follows the International Classification of Goods and Services under the Nice Agreement (also known as the Nice Classification), which sets out forty-five (45) different classes of goods and services. The listing of goods or services is very important as the use of the trade mark will be limited to such goods or services as listed in the application.

 

Malaysia Trademark Applicant

Any person (an individual, corporation or business) who claims to be the bona fide proprietor of the mark may apply for trade mark registration.

 

Malaysia Trademark Registration Duration

After the trademark is registered, a certificate of registration will be issued to the applicant. The Malaysia trademark registration is valid for ten years from the date of application and it is renewable indefinitely every ten (10) years.

 

Contact Us

If you have further queries, please contact Tannet Group.

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours China hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP: http://www.tannet-group.net

Copyright in Malaysia

Copyright in Malaysia

Copyright in Malaysia is based on the Copyright Act 1987, copy refers to a reproduction of a work in written form, in the form of a recording or fill, or in any other material form. Copyright is one form of the intellectual property which is the legal right given to the copyright’s owner for a specific time period. All the copyrights are registered and protected under Copyright Act 1987.

copyright-protection-of-web-content

 

What can be protected by copyright?

Books (traditional or digital), scripts, music, pictures, videos, source codes for software, manuals/guidebooks, university journals, and other kinds of creative works or materials have special intangible rights attached to them. These rights, known as “copyrights”, are owned by the people who create the work – authors, producers, photographers, musicians, songwriters, artists and such – who can choose to do anything and everything they wish with their exclusive rights.

 

Copyright protects the expression of the author’s artistic and literary works and is also related to the exclusive right to prepare derivative works and to perform and display the work. Subject to the provisions of the Copyright Act 1987, artistic, literary and musical works, films, sounds recordings and broadcasts are eligible for copyright protection.

The only criteria for a creative work to be eligible for copyright is that there must have been sufficient effort applied or put into the work to make the work original and the work must be reduced to material form (so the work can be “seen” or “heard” by others). Works are eligible for copyright regardless of the quality of the work and the purpose for which they were created.

 

How is copyright protected in Malaysia?

Although copyright is a non-registrable right (i.e., cannot be registered) in Malaysia and enjoys automatic protection, ownership of copyright is difficult to establish. As such, proper documentation can be prepared to prove ownership. Copyright owners can claim ownership by way of a Statutory Declaration or by filing a Voluntary Notification at the Intellectual Property Corporation of Malaysia (MyIPO).

 

Is my copyright recognized overseas?

Malaysia is a signatory of the Berne Convention and therefore, copyrighted work created in Malaysia would be recognized by each contracting member country of the Berne Convention.

 

From a local perspective, this means that works created in Malaysia are eligible for copyright not only in Malaysia but also in the member countries of the Berne Convention around the world, including the European Union, the United States, Australia, New Zealand, Japan, China, Korea, etc. However, different regional of the county may have their own regulation. It is better to filing a Voluntary Notification in the country respectively.

 

What rights do copyright owners have?

The owners of copyrights have the right to prevent other parties from reproducing their work or any substantial parts of their work in any material form, unless authorized by them. As the translation, adaptation and transformation of their work and applications thereof can also be prevented, owners of copyright essentially have broad rights to their pieces of work and these rights can be exploited in many profitable ways.

 

How long does copyright protection last?

Copyright terms differ from country to country. In Singapore, US and the EU countries for instance, copyright lasts for the life of the author plus 70 years.

Copyright in Malaysia is slightly different. In Malaysia, copyright in literary, musical and artistic works subsists during the life of the creator and continues 50 years after his/her death. This means that the estate of the deceased author, artist or designer can benefit from the copyright for a further 50 years. Copyright in literary, musical or artistic works is released into the public domain once the duration of the copyright expires.

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline603-21418908;
24 hours Hong Kong hotline852-27837818;
24 hours Hong Kong hotline86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP: http://www.tannet-group.nethttp://en.tannet.com.my

Malaysia Company Formation Procedures

Malaysia Company Formation Procedures

ssm malaysia

 

Procedures of Malaysia Company Formation:

1. Filling the application form

2. Sign an agreement

3. Make the payment

4. Company name search

5. Signing of documents in Malaysia

6. Complete the procedures at government departments

7. Receive full set company information

8. Opening of company bank account

 

When the Malaysia company formation required documents are ready, it would take approximately 15 working days to complete the procedures of Malaysia Company Formation. If the applicant comes directly to Malaysia to complete the formation procedures, it would only take 7 working days.

 

Contact us
If you have further queries, please contact Tannet
Malaysia hotline:603-21418908;
Email: mytannet@gmail.com
TANNET GROUP : http://www.tannet-group.nethttp://en.tannet.com.my

Overview of Trademark Opposition

Overview of Trademark Opposition

Trademark Opposition (Trademark Objection) is a legal proceeding, available in most jurisdictions, in which a party seeks to prevent a pending application for a mark from being granted registration. Although the specific grounds for bringing an opposition vary by jurisdiction, typically, a party that believes it will be damaged by the resulting registration may oppose an application for that mark. Often, the trademark opposition procedure is triggered by official publication of an application in its pre-grant stage in a government journal, gazette or bulletin.

TRADEMARK opposition

Trademark opposition rules establish an opposition period, usually ranging from one to three months after publication, in which a party’s trademark opposition must be formally entered. In a minority of jurisdictions, the trademark opposition period occurs after the issuance of a registration; this is also known as post-grant opposition. In some jurisdictions, however, no opposition is available, and cancellation after registration is an opponent’s only option.

 

A formal decision to uphold or dismiss the opposition, thereby refusing or granting the registration, usually is issued in writing. Settlement agreements, involving amendment of the goods or services of the opposed application, withdrawal of the trademark opposition and restrictions on use of the mark, are commonplace; in such cases there is no decision on the trademark opposition. Typically, the losing party in a trademark opposition proceeding can appeal an adverse decision to a higher authority within the trademark office or registry or to a court.

 

Absolute Grounds and Relative Grounds In An opposition

An opponent (the plaintiff) can raise either absolute or relative grounds in a trademark opposition proceeding. Under absolute grounds, the opponent can claim one or more of the grounds listed below. Alternatively, under relative grounds, the opponent makes a claim of prior rights in the trademark, examples of which are listed below.

 

The most frequently raised grounds for opposition are as follows:

a) Absolute Grounds

-Descriptiveness; Geographically deceptive misdescriptives

– Genericness; Functionality

-Bad faith; Fraud

 

b) Relative Grounds

– Priority; Likelihood of confusion

– Bad faith

– Business name/domain name/trade name use

– Well-known/famous mark

Most jurisdictions provide similar grounds for trademark opposition; however, there are some important exceptions.

 

Defenses to an opposition

Priority of use and no likelihood of confusion are common defenses to a trademark opposition based on likelihood of confusion. Defenses to a trademark opposition based on another ground depend on the evidence submitted by the parties and the law of the applicable tribunal. Equitable defenses, such as laches, estoppel and acquiescence, may be available in some jurisdictions. In the United States, such defenses are available, but they may have limited value because the Trademark Office has jurisdiction only over the registrability of marks, not over their actual use.

 

Contact us

If you have further queries, please contact Tannet

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours Hong Kong hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP : http://www.tannet-group.net, http://en.tannet.com.my

Malaysia Trademark Transfer

Trademark transfer is the act of the trademark registrant transferring the exclusive right to use the trademark to the other party within the validity period of the registered trademark. Trademark transfers generally have these forms: contract transfer, subsequent transfers, and assignments due to administrative orders.

Documents Required for Trademark Transfer

  • Power of Attorney
  • Application Form for Transferring / Registered Trademarks;
  • Identification documents of the transferor and the transferee;
  •  Trademarks Transfer Agreement;
  • Copy of the trademark certificate

Time for Trademark Transfer

1-2 months to issue a notice of acceptance of the transfer 6-9months to issue a transfer approval certificate

 

 

Malaysia Company De-registration

Malaysia Company De-registration

The Malaysian Companies Act empowers the Registrar to de-register a defunct company if he has reasonable cause to believe that the company is no longer carrying on business or in operation.

 

de-registration

 

There are a few requirements to be fulfilled before Malaysia Company De-registration:

  1. The directors must obtain the resolution of the shareholders for the initiation of the application to strike off the name of the company from the register on the basis that the company is not carrying on business or the company is not in operation
  2. The company has no assets and liabilities at the time when the application is made
  3. The company has no outstanding charges in the Register of Charges
  4. The company has no outstanding penalties or offer of compounds under the Companies Act 1965
  5. The company has no outstanding tax or other liabilities with any government department or agency
  6. The information of the company with the Registrar is up to date
  7. The company is not involved in any legal proceeding within or outside Malaysia
  8. The company has not made any return of capital to the shareholders
  9. The company is not a holding company or a subsidiary of another corporate body
  10. The company is not a “Guarantor Corporation”

Required Documents for Malaysia Company De-registration:

  1. Covering Letter- stating reasons to support application
  2. Statement by Applicant
  3. Resolution of majority shareholders OR if director/s OR shareholder/s is/are untraceable, proof of attempts to trace the where about of such directors or shareholders
  4. Management Accounts or Audited Financial Statements (if so requested)
  5. Waiver letters from creditors/tax clearance (if applicable)

Contact us

If you have further queries, please contact Tannet

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours Hong Kong hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP : http://www.tannet-group.net, http://en.tannet.com.my