Malaysia

1. Search & Clearance Before filing, we recommend a comprehensive clearance search through the MyIPO database to ensure your mark is available and does not infringe on existing rights. Malaysia follows the “First-to-Use” principle, but registration provides stronger statutory protection.

2. Application Filing Applications are filed with the Intellectual Property Corporation of Malaysia (MyIPO). Malaysia is a member of the Madrid Protocol, allowing for international applications, but direct national filings are often faster for specific local protection.

• Requirement: A clear representation of the mark and a list of goods/services classified under the Nice Classification.

3. Examination

• Formal Examination: MyIPO checks if the application meets all formal requirements.

• Substantive Examination: The registrar examines the mark to ensure it is distinct and not descriptive. If objections are raised, we have a specific window to file a response or argument.

4. Publication & Opposition Once accepted, the trademark is published in the Intellectual Property Official Journal. Third parties have two months to file an opposition if they believe the registration harms their existing rights.

5. Registration & Renewal If no opposition is filed, the Certificate of Registration is issued.

• Validity: 10 years from the date of application.

• Renewal: Renewable every 10 years indefinitely.

1. Filing the Application We handle the drafting and filing of your patent specification with MyIPO. Malaysia grants protection for both Standard Patents (20 years) and Utility Innovations (10 years + extensions).

• Priority: You can claim priority based on an earlier application filed in a Paris Convention country within 12 months.

2. Preliminary Examination MyIPO conducts a check to ensure the application complies with administrative requirements.

3. Public Inspection Your application is generally made available for public inspection 18 months after the filing date (or priority date).

4. Substantive Examination A request for Substantive Examination must be filed within 18 months from the filing date. MyIPO will assess if the invention is:

• Novel (New): Not disclosed to the public anywhere in the world.

• Inventive: Not obvious to a person skilled in the art.

• Industrially Applicable: Can be made or used in an industry.

Note: Malaysia offers a “Modified Substantive Examination” if a corresponding patent has already been granted in recognized jurisdictions (e.g., US, UK, EPO, Australia).

5. Grant of Patent Once the examiner is satisfied, the patent is granted and a Certificate of Grant is issued. To keep the patent in force, annual maintenance fees (annuities) must be paid starting from the second year after the grant.