Apply for Trade Marks

APPLYING FOR TRADE MARKS

CLASSIFICATION OF GOODS AND SERVICES

The applicant is not encouraged to list or claim the entire class heading of each class of goods or services in the application form . Class headings only serve as general indications of the type of goods or services and may not cover all the goods or services in the class. You should itemize the specification of goods or services of your interest in the application.”

CLASS 1

Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.

CLASS 2

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.

CLASS 3

Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations.

CLASS 4

Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting.

CLASS 5

Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

CLASS 6

Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.

CLASS 7

Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.

CLASS 8

Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.

CLASS 9

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision),life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.

CLASS 10

Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.

CLASS 11

Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

CLASS 12

Vehicles; apparatus for locomotion by land, air or water.

CLASS 13

Firearms; ammunition and projectiles; explosives; fireworks.

CLASS 14

Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments.

CLASS 15

Musical instruments

CLASS 16

Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks.

CLASS 17

Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal.

CLASS 18

Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.

CLASS 19

Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

CLASS 20

Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.

CLASS 21

Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.

CLASS 22

Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.

CLASS 23

Yarns and threads, for textile use.

CLASS 24

Textiles and substitutes for textiles; household linen; curtains of textile or plastic.

CLASS 25

Clothing, footwear, headgear.

CLASS 26

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.

CLASS 27

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

CLASS 28

Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.

CLASS 29

Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; oils and fats for food.

CLASS 30

Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice (frozen water).

CLASS 31

Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.

CLASS 32

Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.

CLASS 33

Alcoholic beverages (except beers).

CLASS 34

Tobacco; smokers’ articles; matches.

CLASS 35

Advertising; business management; business administration; office functions.

CLASS 36

Insurance; financial affairs; monetary affairs; real estate affairs.

CLASS 37

Building construction; repair; installation services.

CLASS 38

Telecommunications.

CLASS 39

Transport; packaging and storage of goods; travel arrangement.

CLASS 40

Treatment of materials.

CLASS 41

Education; providing of training; entertainment; sporting and cultural activities.

CLASS 42

Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

CLASS 43

Services for providing food and drink; temporary accomodation

CLASS 44

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services

CLASS 45

Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals

Filing Trade Mark Manually

Matters of Proceedings	Form
Matters of Proceedings
Application for registration of a mark	TM 5 (Sample)	TM 5
Request for registrar’s preliminary advice as to registrability of a mark	TM 4	TM 4
Request for search	TM 4A	TM 4A
One copy Form49 (for SDN.BHD. Company only) / Form B and Form D (List of Directors / Partners) from Suruhanjaya Syarikat Malaysia
Statutory Declaration	SD	SD

[Application procedure]

Trademark Application Procedure

5 copies of the completed TM5 with trade mark affixed to each copy.
1 original copy of the statutory declaration with the trade mark affixed to it.
The trade mark size must not exceed 10 cm x 10 cm.
1 copy of the Form 49/ Form D/ company detail from company registrar if the registration is made under company name.
1 copy of priority date claim document (if necessary)
1 copy of certified transliteration and translation if the trademark is in other than roman character form (if necessary)
The payment is RM 370.00 per application. all payment can be made payable by cash/cheque/money order/bank draf to “Perbadanan Harta Intelek Malaysia”.

Filing Trade Mark via Online

IP Online Portal provides filing of new Trade Mark application which consists of TM1 until TM31 Forms. Other related and supporting documents can be uploaded as attachments during the filing process.

Disabling IP Online Filing for Opposition Proceedings

Effective from 15^th November 2017, IP Online filing will be disabled for opposition proceedings. Any filing of opposition related proceeding, shall be made manually.

Filing procedure via IP Online:

All documents in digital format (GIF, TIFF, PDF or DOC).
Ensure that your Trade Mark representation is in GIF format with a size of not more than 100KB and 120×90 pixels.
If you are an agent, file upload TM1 Form to IP Online Portal.
Upload scanned Statutory Declaration in TIFF or PDF format.
Prepare and upload List of Goods DOC file.
Get Digital ID from MyIPO at https://digitalid.msctrustgate.com/MyIPO
Install digital ID into PC or save it in secondary storage device e.g. thumb drive
Digital ID must be attached with your application.
Proceed with the payment. Refer the Fees in Pricing Schedule.
Print a copy of TM5 Form before making the payment as evidence of submission.
Print Confirmation page upon successful filing of application.

Expedited Examination

Matters of Proceedings	Form
Matters of Proceedings
Example of Statutory Declaration	SD	SD
Request for approval for expedited examination of a trade mark application	TM 5A	TM 5A
Request for expedited examination of a trade mark application	TM 5B	TM 5B

Patent/Utility Innovation

Trademark

Industrial Design

Geographical Indications

Copyright

Layout-Design Of An Integrated Circuit