Trademark
Service
Protect your brand with expert trademark registration services,
ensuring your unique identity is safeguarded in global markets.
What is Trademark?
A trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes words, logos, pictures, names, letters, numbers or a combination of these.A trade mark is used as a marketing tool to enable customers in recognizing the product of a particular trader.
Functions of trademark
Trade MArk Registration
provides for:
Trade MArk Registration provides for:
Exclusive Rights
Registered trade marks owners have exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.
Legal Evidence
Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership. A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.
Exclusive Rights
Registered trade marks owners have exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.
Legal Evidence
Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership. A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.
Intellectual Property (IP) Protection in Southeast Asia
In ASEAN, international agreements such as the Paris Convention and Madrid Protocol (excluding Myanmar) are generally adhered to, streamlining trademark protection across the region. A trademark is defined as a unique sign, design, or expression used to distinguish a business’s goods or services from others.
Filing Requirements
- Name and address of the applicant.
- Representation of the trademark.
- List of goods and services categorized under the Nice Classification.
- Appointment of THE IP CO as your Trusted Trademark agent.
Note: A translation / transliteration of the word mark into English language must be provided if
the mark is in a language other than English or local language. Any marks containing non
Roman characters should be accompanied with phonetic transcription/transliteration as well
as an identification of the language used.
Documents Required
1. Applicant Details (Individual / Company) for Application.
2. Power of Attorney appointing THE IP CO. (if applicable).
3. Copy of the trademark logo/ brand name.
4. Priority document (if claiming priority).
5. Payment of official fees.
Malaysia
- Trademark Filing in English Allowed.
- Protection lasts for 10 years (Renewable every 10 years).
- Multiple-class trademark applications possible.
- Three (3) consecutive years minimum period of use to avoid non-use cancellation action.
Singapore
- Trademark Filing in English Allowed.
- Offers a 4-month fast-track option
- Protection lasts for 10 years (Renewable every 10 years).
- Multiple-class trademark applications possible.
- Five (5) consecutive years minimum period of use to avoid non-use cancellation action.
Philippines
- Trademark Filing in English Allowed.
- Protection lasts for 10 years (Renewable every 10 years).
- Multiple-class trademark applications possible.
- Declaration of Actual Use for 3rd and 5 th year is required to be submitted, to avoid non-use cancellation action.
Brunei Darussalam
- Trademark Filing in English Allowed.
- Protection lasts for 10 years (Renewable every 10 years).
- Multiple-class trademark applications possible.
- Five (5) consecutive years minimum period of use to avoid non-use cancellation action.
Indonesia
- Requires Indonesian language translation for Trademark Filing.
- Protection lasts for 10 10 years (Renewable every 10 years).
- Multiple-class trademark applications possible.
- Three (3) consecutive years minimum period of use to avoid non-use cancellation action.
Thailand
- Requires Thai language translation for Trademark Filing.
- Protection lasts for 10 years (Renewable every 10 years).
- Multiple-class trademark applications possible.
- Three (3) consecutive years minimum period of use to avoid non-use cancellation action.
Cambodia
- Requires Khmer language translation for Trademark Filing.
- Protection lasts for 10 years.
- Multiple-class trademark applications possible.
- Five (5) consecutive years minimum period of use to avoid non-usecancellation action.
Laos
- Requires Lao language translation for Trademark Filing.
- Manual Search (no official database)
- Protection lasts for 10 years (Renewable every 10 years).
- Multiple-class trademark applications possible.
- Five (5) consecutive years minimum period of use to avoid non-use cancellation action.
Vietnam
-
Requires Vietnamese language translation for Trademark Filing.
-
Protection lasts for 10 years (Renewable every 10 years).
-
Multiple-class trademark applications possible.
-
Three (3) consecutive years minimum period of use to avoid non-use cancellation action.
Myanmar
- Trademark Filing in English Allowed.
- Transitioning to a new trademark law (2023). Requires “soft-opening” registration for prior marks.
- Manual Search (no official database)
- Renewal of registration is usually done once in every three (3) year by one of the following ways or both:-
- Re-registration in the form of Declaration.
- Re-publication in the local daily newspapers or weekly journals.
- Evidence of use or promotion of goods or services bearing the mark in Myanmar or any other use is required for renewal.
Frequently asked questions
Does local trademark registration provides protection abroad/overseas as well?
No, if protection of trade mark is required in other countries, it will be necessary to apply for registration separately in each countries. However, a local application can be used a basis for claiming priority in countries which are party to the Paris Convention and World Trade Organization (WTO).
What is the Duration of registration/protection ?
Trade mark registration is valid for ten (10) years from the date of application and may be renewed every ten (10) years.
Who may apply?
Any natural person, who is the owner of the trade mark used, or proposed to be used, by him in the specified country, may apply for the registration of a trademark in that country.
How long does the trademark registration last?
The Trademark registration is valid forever one its Registered. However, renewal is required for every ten (10) years to maintain the Registration. If renewal is missed, the Trademark will be Abandoned/Lapsed. Hence as your Trademark Agent, we will record and remind the important dates for our clients.
Is the trademark registration valid in another country?
Trademark protection is territorial in nature. If you registered the mark in Malaysia, your mark is only protected in Malaysia. Therefore, our team will assist you file the Trademark protection in required country and provide advice in accordance to the specific countries regulation or law.
Why do i hire trademark agent/attorney?
It is highly advisable to use the services of a competent & Licensed Trademark Agent or Attorney for your IP/Trademark matters.
As Non-qualified & licensed agents and not-lawyers may give you inaccurate information and legal advice about your trademark rights and the registration process in the specified country. This could:
- Risk the legal validity of your application or registration
- Prolong the time it takes for your application to be examined & delayed the process.
- Cause your application to be rejected or abandoned or your registration will cancelled.
- Missed the due date such as Renewal, Refusal and Risk the application to abandoned.
Do i need to file trademark overseas ?
It is important to file your trademark if you are selling (or promoting) goods or services in a “first to file” jurisdiction, otherwise someone else could file a trademark for your brand name, and then stop you from trading your goods or services under that brand even if you have been using that brand before them. This has happened not in China, also in Malaysia, Indonesia, Singapore as well for few famous brands.