Malaysia
| Legal Basis | Trade Marks Act 2019 effective 27 December 2019 Trade Marks Regulations 2019 effective 27 December 2019 |
| Major international treaties signed |
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| Cost of obtaining a trademark | Please contact us at malaysia@mirandah.com |
| Average time to obtain a trademark | 12 months |
| Official language for trademark prosecution | Bahasa Malaysia or English |
| Registrable marks | Any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, colour, sound, scent, hologram, positioning, sequence of motion 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 |
| Number of classes | 45 (11th Edition Nice Classification) |
| Multiple class filing | Available |
| Filing of series marks | Available |
| Common objections | Descriptiveness (Absolute grounds for refusal of registration) Non-distinctiveness (Absolute grounds for refusal of registration) Prior conflicting rights (Relative grounds for refusal of registration) |
| Extension of office action deadlines | Available |
| Opposition term | 2 months (extendible) |
| Term of trademark protection | 10 years (renewable) |
| Grace period for restoration of lapsed trademark | Within 12 months from the expiry of the last registration |
| Parallel Imports | Available |
| Minimum period of use to avoid non-use cancellation action | 3 years (continuous) |
| Useful links | Trademark Agents and Attorneys in Malaysia www.myipo.gov.my |
| 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 (Declaration / an injunction / Damages) | |
| 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 | |
| Other relief for infringement | Revocation 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 |