MALAYSIA

Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.

trade mark information

Types of Trade Mark

Classification

International, Nice Classification;
Single class;
Goods and services can be registered.

International Arrangements

Convention priority can be claimed.

Renewal

10 years from the filing date and every 10 years thereafter.

Use Provisions

Non-use of a mark for a period of 3 years from registration renders it open to an action for cancellation by third parties.

Patent information

Types of Patent

PCT national phase;
Substantive with or without priority claim.

International Arrangements

Convention priority can be claimed.

Duration

For patents filed before 1st August 2001, the term is 15 years from the grant date or 20 years from the filing date, whichever expires later and subject to the payment of renewal fees.  For patents filed after 1st August 2001, the term is 20 years from the filing date, subject to the payment of renewal fees.

Renewal

Renewal fees are due annually in respect of granted patents, beginning with the annuity for the second year of the granted term, and are payable the day before expiry of the relevant date.  

design information

Types of Design

International Arrangements

Convention priority can be claimed.

Duration

A registered industrial design is given an initial protection period of 5 years from the date of filing (or the earliest priority date, if priority is claimed) and is extendable for a further four consecutive terms of 5 years each. The maximum protection period is 25 years.

Renewal

The fee for the first 5 years protection is included with the filing fee, and further renewal fees are payable every 5 years from the filing date (or the earliest priority date, if priority is claimed).

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