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Frequently Asked Questions
- 01For trademark application, the fees must be paid before application submission. For prosecution matters, such as responding to Provisional Refusals, or handling Opposition proceedings, are billed only if and when those specific issues arise during substantive examination. If your mark sails smoothly through to registration without objection, no additional prosecution fees apply. For all trademark matters that involve official fees (except entering address for service), all applicable official and professional fees must be settled prior to submission.
- 02Everything can be handled 100% online. From initial consultations to document signing and payment, our entire process is digitally streamlined. You can manage your IP matters conveniently from anywhere via email, phone, or video call without needing to visit our physical office.
- 03™ (Trademark): You can use this symbol immediately on your logo, product, or branding. It signals to the public that you claim ownership of the mark, even if it is still unregistered or currently under examination. Nevertheless, in your application, the ™ symbol should not be included as part of the mark. ® (Registered): You must only use this symbol once your trademark has been successfully registered by the MyIPO. Using the ® symbol on an unregistered mark is an offence under the Trademarks Act 2019.
- 04No, trademark protection is strictly territorial. A registration with MyIPO only protects your trademark within Malaysia. If you export goods or operate abroad, we can help you extend your protection internationally through direct national filings or the Madrid System.
- 05Anyone can apply. An individual, partnership, or private limited company (Sdn Bhd) can own a trademark. Foreign entities or non-citizens without a Malaysian address may also register trademarks in Malaysia, provided they appoint a locally registered trademark agent to handle the application.
- 06A preliminary search identifies whether a identical or confusingly similar mark already exists on the MyIPO register before you spend official filing fees. Catching conflicts early prevents provisional refusals, costly rebranding, or potential oppositions.
- 07A Provisional Refusal (office action) means the examiner has raised legal or procedural objections, such as claiming the mark is descriptive or confusingly similar to an existing registration. This is a standard part of the prosecution process. We evaluate the grounds of refusal and prepare persuasive legal arguments, consent letters, or evidence of use to overcome the objection within the statutory deadline.
- 08If a third party opposes your mark during the 2-month publication window, the application enters formal opposition proceedings. We are able to represent you by filing a Counter-Statement, gathering evidence of your brand's market usage, and negotiating potential co-existence agreements or defending your registration.
- 09Yes. In Malaysia, you can file an application based on a bona fide intention to use the mark. Securing your registration before commercial launch prevents competitors or squatters from pre-emptively registering your brand name. However, once registered, the mark must be put to genuine commercial use within 3 years to avoid vulnerability to non-use cancellation actions.
- 10No. Under the Copyright Act 1987, copyright protection arises automatically as soon as an original work is created and fixed in a material form (such as written down, saved to a drive, or recorded). However, because there is no mandatory registration system, filing a Voluntary Notification of Copyright with MyIPO provides official proof of your ownership, making enforcement significantly easier if a dispute arises.
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