GENERAL COUNTRY INFORMATION
Malaysia is a nation in Southeast Asia consisting of 13 states with two geographical regions separated by the South China Sea: Peninsula Malaysia and Borneo. Malaysia is home to about 24 million people of various races, mainly Malays, Chinese and Indians with a number of other ethnicities as well. The capital of Malaysia is Kuala Lumpur. As of 2006, the nation’s gross domestic product (GDP) in term of purchasing power parity (PPP) is estimated to be US$308.8 billion with $12,700 per capita.

Malaysia Trademark System

HIGHLIGHTS

Legal basis	Trade Marks Act 1976
Major international treaty signed	Paris Convention
Cost of obtaining a straightforward registration	Please contact us at malaysia@mirandah.com
Average time to register a trademark	18 to 24 months
Filing and prosecution procedures	Stage 1: Filing Stage 2: Examination Stage 3: Advertisement Stage 4: Opposition (if any) Stage 5: Registration
Registrable marks	Any distinctive device, brand, heading, label, ticket, name, signature, word, letter, numeral, or combination thereof; all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colors, three-dimensional forms
Number of classes	45 in line with the Nice Classification
Multiple class filing	Not available
Filing of series marks	Available
Necessary documents	Notarized Statutory Declaration of Ownership
Electronic filing	Not available
Common objections	Deceptiveness Prior conflicting rights Inventiveness, descriptiveness and non-distinctiveness
Opposition term	2 months from publication
Duration of protection	10 years from the date of registration
Restoration of lapsed trademark	Within 12 months from the expiry of the last registration
Compulsory period of use to avoid cancellation action	3 consecutive years from the date of registration until 1 month before the application to remove the mark
Parallel Imports	Allowable
Use	Not necessary for filing purposes as an application can be filed based on “intention to use”
Useful links	www.mirandah.com www.mipc.gov.my

ENFORCEMENT

HIGHLIGHTS

Outline of the enforcement steps	Civil Infringement pursuant to the Trade Marks Act 1976  Passing-off Quasi-Criminal Application for a Trade Description Order under the Trade Descriptions Act 1972 Border Measures
Civil Remedies	Interlocutory / permanent injunction An order for the surrender or the destruction of the offending trademark or signage Damages or account of profits in lieu of damages A declaration of the plaintiff’s rights to the trademark and defendant’s infringement of these rights
Criminal Sanctions	Trade Description Order  Monetary fines or imprisonment or both Border Measure Prohibition of importation; seizure; detention; forfeiture of counterfeit trademark   goods
Others	It is an offence to represent a trademark as registered when it is not. Criminal sanctions include monetary fines or imprisonment of both
Time frame for various legal actions	12 – 36 months
Alternative dispute resolution	Mediation Arbitration
Any specialized courts for IP	No

OTHER INFORMATION

Application Of Trade Marks From 2000 to 2006

Year

Application

Registration

	Local	Foreign	Total	Local	Foreign	Total
2000	6303	12500	18803	449	1328	1777
2001	6525	10078	16603	1570	5341	6911
2002	7654	8785	16439	4056	7072	11128
2003	8327	9439	17766	3014	9108	12122
2004	10334	10410	20744	3243	8473	11716
2005	10453	11691	22144	3683	7771	11454
2006	11209	12840	24049	5651	10108	15759

Disclaimer: The information provided above is intended to serve as a general guideline and is not intended as legal advice. The information is correct at the time of printing.