Here are the top 3 questions on trademark protection:
Question: Is registration mandatory to get protection for my trade mark? Answer: Registration is not mandatory. However, registration confers
many benefits one of which is the proprietor has the right under the statute to
commence infringement proceedings for misappropriation of his/her mark. If the
mark is not registered, the proprietor’s remedy is under common law and can
only commence passing-off proceedings which has a higher burden of proof
compared to infringement proceedings. The proprietor will need to adduce
substantial evidence of use of the mark and conduct extensive surveys in order
to prove ownership in the trade mark unlike in the case of an infringement proceedings whereby a certificate of
registration is all is needed.
Question: What is the duration of a trade mark registration? Answer: In Malaysia and most other countries, a trade mark registration lasts forever as long as it
is renewed every 10 years upon payment of renewal fee.
Question: Is it necessary to register my trade mark in other countries where I operate my business?
Answer: You should apply for trade mark protection in the
countries your products or services are being used. If you have a distributor
or agent in a particular country, you should register your trade mark there and
then have your distributor registered as a licensee or registered user of your
trade mark. This is important to prevent he distributor/agent from claiming or
having any dealings in regard your trade mark if the distributorship/agency
agreement does not work out. We will provide specific costs per country upon
request.
 APPLICATION & REGISTRATION
As Registered Trade Mark Agent, we act on our clients' behalf in filing their application at the Malaysian
Trade Mark Office and represent them through every step of the trade mark
registration process including attending to prosecution work until issuance of Certificate of Registration.
We give you......
 20% discount for three (3) or more simultaneous filings
Special preferential rates for Foreign Associates
Regular periodic updates on the progress of your application and email enquiries answered promptly within 24 hours.
Application filed within the same day if all documentation are in order.
All correspondences received from the Trade Mark Office will be forwarded to you promptly via email.
Additional Benefits:-
 Free basic pre-filing search for identical mark (for word mark only)
SEARCH OR CLEARANCE
A search or clearance should be done to ensure that your trade mark is
free for use and registration and does not conflict with prior third party
rights otherwise you may find yourself being sued for infringement! We
conduct comprehensive searches at the Malaysian Trade Mark Office and
report back to you typically within 3 to 5 working days depending on the
amount of searches.
OPPOSITION
When a trade mark application is
accepted, it is published in the government gazette for 2 months for opposition
purposes. During this time, any aggrieved third party may oppose the
application.
We
act on behalf of clients and take all necessary steps to initiate or
defend opposition proceedings
including reviewing merits of the case and advising on the chances of
success as well as advising on the best strategies to achieve desired
outcome. Where appropriate, we assist clients negotiate with the other party to reach an amicable settlement.
RENEWAL
A trade mark registration in Malaysia
has an initial registration of 10 years and lasts indefinitely as long as it is
renewed every 10 years upon payment of renewal fee. We send reminders for
renewals to our clients approximately 6 months before expiry date. Renewals are
filed on a timely basis ensuring continued and uninterrupted protection for our
client’s marks. We also assist clients on filing
of late renewals or restoration of registration which have lapsed.
ASSIGNMENT
We advise, co-ordinate and
prepare the appropriate assignment documentation, filing recordal of
assignment, checking and forwarding notification of recordal to you and overall
ensuring that recordals are managed in the most speedy and cost-effective
manner.
Resources: FAQ | Filing Requirements | Application Process 
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