Annual Return of Malaysia Company

Annual Return of Malaysia Company

Annual return is a summary of a company profile consist of general information about a company. It signed by a director or by the manager or secretary of the company and shall be lodged with the Suruhanjaya Syarikat Malaysia (SSM) within one month from the date its AGM (Annual General Meeting ) held.

 

malaysia9

Annual return consists of the company information as shown as following:

  • Business office address
  • Branch office address
  • Registered office address
  • Principal business activities
  • Total authorized capital
  • Total paid-up capital
  • Charges registered with SSM (i.e. company assets pledged)
  • Company directors
  • Company secretary
  • Shareholders

 

Annual General Meeting (AGM)

According to the CA, all the Malaysia companies are requires to hold its first AGM within 18 months of its incorporation. The subsequent AGM must be held once in every calendar year and not more than 15 months after the holding of the last preceding AGM.

 

AGM should be held to present important agenda as following :

  • Present the Financial Statements
  • Dividend declared by the directors agreed upon
  • Appointment of new directors
  • Appointment of auditor

 

Notes:

1) If fail to lodge in the annual return into SSM, the company will be cancelled / disbanded / strike off under the power of the Registrar. However, you still can lodge the annual return after the due date by paying penalty.

2) Dormant company are required to lodge Annual Returns to the SSM.

3) Even through you have applied for strike off the company / in the process of de-registration, you still required to lodge the annual return because the status of the company still exists.

 

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 China hotline:86-755- 36990589;

Email: mytannet@gmail.com

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

China Company De-registration

China Company De-registration

In China, the procedure for company de-registration is rather complicated, particularly in face of mainland customs and tax departments compare to register a new company.

 

Closing Down 1

According to China’s new company law, a company may have to be dissolved when one of the following conditions is met:

1. The business operation term as agreed in the company’s Articles of Association becomes expired or other condition for dissolution as agreed in the Articles of Association for dissolution occurs;

2. Resolution of dissolution is made by the meeting of shareholders;

3. The company is merged or separated and the company will not exist any more;

4. The business license is revoked by government, or the company is ordered to be closed or cancelled;

5. There is serious difficulty in company’s operation and management and the shareholder’s interest may suffer great loss if the company continues to operate. Shareholders who holding ten percent or above voting right may file to the court for dissolution if negotiation among shareholders fails.

 

China Company De-registration Procedure

1) Shareholders decide to liquidate Company

2) Company selects a professional firm to assist with the process of de-registration

3) Preparation of related documentation such as resolution for termination of the Articles Of Association (‘AOA”), application letter, liquidation committee list, resolution of shareholder for company de-registration and the liquidation team and other sort of document required by relevant authorities.

4) Application for liquidation with the Bureau of Commerce (“BOC”) and Administration of Industry & Commerce (“AIC”)

5) Formation of a Liquidation Commitee

6) Public announcement issued in local newspapers

7) Employees should be laid off

8) Valuation and sale of company assets

9) Creditors paid off

10) Final Audit conducted (including all liquidation transactions)

11) Businesses trading, importing / exporting across borders must de-register from China Customs

12) Deregistration from the local governing Tax Authority

13) Destruction of company chops and seals

 

Note: Before file the de-registration application, corporate bank account should be closed and make sure that there is no outstanding accounts receivable.

 

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 China hotline:86-755- 36990589;

Email: mytannet@gmail.com

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

New Zealand Trademark Registration

New Zealand Trademark Registration

New Zealand trademark registration can be obtained for words, logo, numerals, slogan, device and more. It is provides legal right of exclusivity for use of the mark to the owner of the trademark. New Zealand trademark registration is however a long process involving multiple steps. In this article we cover the trademark registration process in New Zealand.

NZ TM en

New Zealand Trademark Search

Before filling a New Zealand trademark to the official trademark office for registration, we strongly suggest having a thorough search conducted. Due to processes of search conducted, you will know the chances of successful registration in a matter. We will conduct a comprehensive search of the records held in the 'trademark registry' by the government office, and report to you on any trademarks found to be identical or deceptively similar to yours.

 

Unlike business or company name registration, it can sometimes be difficult to register your trademark if a similar mark is already in place. From comprehensive report can advise you of options to overcome difficulties. We will also advise you on matters, other than conflicting trademarks, that may cause problems or difficulty in registering your mark.

 

Filing an New Zealand Trademark Application

Once the search is finalized, or if you choose not to have a search conducted, we can file a New Zealand Trademark application with the government office on your behalf. It is at this stage, we must specify which of the 45 classes we are applying under. A fee is charged per class or category required. A class is essentially a category of goods or services. For example, if your trademark is to identify a clothing label, then only one class would be required. However, if the trademark was also the name of your shop then an additional class would be required.

 

New Zealand Trademark Examination

Once filed, the government office will send a letter out within two weeks, to acknowledge the application as filed and to allocate your official trademark number. This number remains for the entire life span of your trademark.

 

The government office will then ‘examine’ your trademark application. This is to ensure that it complies with the rules and regulations of trademark registration, and to ensure there are no other issues that should prevent registration. The results of this examination will mirror those provided by our office at the search stage, in nearly all cases. The examination conducted by the government office will take approximately four months, at which time they will forward either an ‘acceptance letter’, or an ‘adverse report’.

 

If your trademark is accepted, your trademark will be advertised in the Official Journal of Trademarks on a date specified at the time of acceptance. Once advertised, a formal ‘opposition period’ will follow. An opposition period is for three months and means that any third party can file an official objection against your trademark becoming registered.

 

If the registrar issues an examination report, it means that a problem, of some description, has been found. If this is a minor issue, we will attend to it on your behalf and report to you accordingly. However, if it is a bigger issue, such as a similar mark has been found, or the trademark has been deemed generic, we will need further information from you, in most cases, before responding the report.

 

New Zealand Trademark Protection

Once your mark has been accepted, and presuming no third party objects to your registration during the standard three month opposition period, your trademark will become registered for a period of ten years from the date of filing.

 

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

UK Trademark Registration

UK Trademark Registration

The legal basis of UK trademark law is the Trademark Law 1994. The United Kingdom is a member of the Paris Convention and the Madrid Protocol. 

Conditions for the Registration of UK Trademarks
Application for registration as a trademark symbol must be significant, that is able to distinguish their products or services with others to provide the product or service area.

Words, designs, letters, numbers, product shapes or their packaging may be registered in the UK as trademarks, but certain marks may not be registered (Trademark Law 1994, Articles 3 – 8), including:

  • offensive signs, such as pornographic images;
  • A purely descriptive mark that merely describes the characteristics of the relevant product or service;
  • misleading signs;
  • too common signs, not significant, etc.;
  • is a generic name in the business sector;
  • Signs with special protection such as the national flag.

Requirement for UK Trademark Registration

  1. Trademark search/registration form (provided by Tannet).
  2. A sample of trademarks in JPEG format.
  3. The goods or services used in the designation of the trademark (according to the Nice International Classification Table)
  4. A copy of the applicant's identification document (a copy of the business license is provided at the time of application, and a copy of the personal ID card and a business license of the individual business owner with the individual as the person in charge) .

 

Contact us :

If you have further queries, please contact Tannet

Malaysia hotline:603-21418908;

Email: mytannet@gmail.com

TANNET GROUP : http:www.tannet.com.my

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