Malasia
| Legal Basis | Trade Marks Act 1976 effective 1 September 1983 Trade Marks (Amendment) Act 1994, 2000 and 2002, the latter effective 3 March 2003 Trade Marks Regulations 1997 effective 1 December 1997 |
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| Major international treaties signed |
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| Cost of obtaining a trademark | Please contact us at malaysia@mirandah.com |
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| Average time to obtain a trademark | 12 months | |
| Official language for trademark prosecution | Bahasa Malaysia or English | |
| Registrable marks | Any distinctive device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof | |
| Filing and prosecution procedures | Stage 1: Filing Stage 2: Examination Stage 3: Advertisement Stage 4: Opposition (if any) Stage 5: Registration Stage 6: Renewal |
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| Number of classes | 45 (8th Edition Nice Classification) | |
| Multiple class filing | Not Available | |
| Filing of series marks | Available | |
| Necessary document for filing | Statutory Declaration of Bona Fide Ownership of Mark | |
| Common objections | Descriptiveness Non-distinctiveness Prior conflicting rights |
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| Extension of office action deadlines | Available | |
| Opposition term | 2 months (extendible) | |
| Term of trademark protection | 10 years (renewable) | |
| Restoration of lapsed trademark | Within 12 months from the expiry of the last registration | |
| Parallel Imports |
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| Minimum period of use to avoid non-use cancellation action | 3 years (continuous) | |
| Useful links |
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| Infringement offence |
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| Specialised courts for IP | Available | |
| Outline of the enforcement steps | Notice of Cease and Desist
Infringement |
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| Relief against groundless threats | Available (Summary Judgment) | |
| Declaration of non-infringement | Available | |
| Preliminary injunctions | Available | |
| Time frame for various legal actions | 6 to 12 months | |
| Alternative dispute resolution | Limited to trade mark matters involving domain name dispute | |
| Availability of damages and other relief for infringement | Expungement Action | |
| Civil remedies | Injunction Damages |
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| Criminal Sanctions | Trade Description Order Monetary fines or imprisonment or bothBorder Measure Prohibition of importation; seizure; detention; forfeiture of goods bearing counterfeit trademark |
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| Other | It is a criminal offence to represent a trademark as registered when in fact it is not. Sanctions may include monetary fines or imprisonment or both |