MANAGING YOUR TRADEMARK

TRADEMARK RENEWAL

Why is it necessary to renew the trademark?
Trademark registration will expire every ten (10) years from the date it is registered or renewed. Trademark owners need to ensure that their trademarks are renewed to ensure ownership rights continue to be protected and to be able to take infringement action against any party who uses the trademark without permission.

How can I renew my trademark?
You can renew your trademark by filing form TME1, (fee RM1000). Applications can be made manually or using online services.

When can renewal applications be made?
Renewal applications can be filed within six (6) months before the end of the registration date.

Can my trademark still be renewed if I file the renewal application late?
Trademark applications can still be renewed within a year after the registration date expires. However, renewal fees and surcharges apply for late renewal applications.

Any further questions regarding trademark renewal can contact :-
Mrs Nurdiana binti Abdul Raes/Mrs Roaida binti Daud/Mrs Masuzila binti Mohd Razali
Phone: 03 -7496 8948/03 7496 3876/03 7496 3891
E-mail: nurdiana@myipo.gov.my/roaida@myipo.gov.my/ masuzila@myipo.gov.my

The manual renewal application form can be downloaded through the following link: Download here

Online filing is via IP Online Filing. Follow the following steps:

  1. User Registration
  2. Digital Certificate Registration (POS Digicert). The procedure for applying for a digital certificate is as attached (#2-How to Register Digicert.pdf). The tutorial video can be watched via the link Online IP Digital Certificate Application Video
  3. You can ask the IP Helpdesk Officer to activate the trademark application number online by calling 03-74968989
  4. Log in to the IPOnline system and select Trade Mark>Maintain a Trade Mark>TM Renewal and Restoration (TME1, TME2, TME3) to make an application.

There are two (2) fees for late applications:

  1. TME2 (RM1200) – If the request for renewal is made within six months after the expiry date of the registration period (Section 39(5) ACD 2019)
  2. TME3 (RM1500) – If applying for re-entry of the issued registration within six months from the date of removal (Section 39(9) ACD 2019)

Trademark registration will be removed from the register if no renewal application is received after a period of one year from the registration deadline.

Matters of ProceedingsForm

RenewalTME1 -TME3TME1 -TME3
Request for Late Renewal Under of the Act
Request for Restoration

TRADEMARKS AGENT

An application to be registered as an agent shall be made to the Registrar with form TMR2 accompanied by payment of the prescribed fee.

To register as a Trademark Agents, person needs to satisfies the following requirements:

  • a citizen, domiciled in or permanent resident of Malaysia;
  • practising as an agent in a business registered in Malaysia;
  • not an undischarged bankrupt;
  • not been convicted of an offence involving fraud, dishonesty or any other offences under ACD 2019;
  • has attended all the required courses; and
  • has passed the examination conducted by the Registrar.

In addition to the requirements, the person must satisfy the registrar that :

  • register of Patents Agents maintained in pursuance of regulations made under the Patents Act 1983 [Act 291]
  • advocate and solicitor of the High Court in Malaya or an advocate and solicitor of the High Court in Sabah and Sarawak who is practicing solely in Malaysia;
  • degree holder in any field of studies and has had at least two years' experience in the field of industrial property; or
  • has at least three years of experience in the field of industrial property by virtue of him being an ex-officer of the

Trademark Agent must attend Renewal Workshop/Course with a set of fee which is organized by Intellectual Property Academy before the renewal of Trademark Agent.

Application for renewal as the Trademark Agent should be made using the form TMR3 accompanied by the  mandatory supporting document that is agent renewal course certificates and proof of income tax (individual) with payment of the prescribed fee not later than January 31 each year.

Registrar may refuse to renew the registration of any person who has been convicted of an offense involving fraud or dishonesty.

Candidates must attend the Trademark Agent Exam Preparation Course  that is set by the Registrar before sitting the exam with payment of the prescribe fee set by the IPA.

The registrar must conduct an examination consisting of the following subjects:

  • Malaysian TRADEMARKS law and designs law and practice;
  • Foreign industrial property law and practice.

An application to registered as the candidate must be made to the Registrar by Form TMR1 with payment of the prescribed fee

Appeal for Re-scrutiny of Result of Examination of Trademark Agent

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