{"id":4471,"date":"2021-06-09T16:00:56","date_gmt":"2021-06-09T06:00:56","guid":{"rendered":"https:\/\/tm.legalvision.com.au\/?p=4471"},"modified":"2021-06-28T11:50:18","modified_gmt":"2021-06-28T01:50:18","slug":"malaysian-trade-marks","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/overseas-application\/malaysian-trade-marks\/","title":{"rendered":"4 Tips For Australian Businesses Searching For Malaysian Trade Marks"},"content":{"rendered":"\n

Malaysia and Australia have a strong economic and trade relationship. In 2019, Malaysia was Australia\u2019s second-largest trading partner in the Association of Southeast Asian Nations (ASEAN<\/strong>). It was also its ninth-largest trading partner overall. Approximately 3,800 Australian companies are trading with Malaysia, more than 300 of which have physical locations in Malaysia. Australia and Malaysia also have two free trade agreements in force, reducing the barriers to import and export goods. Given Malaysia\u2019s close economic relationship with Australia, many Australian businesses trade in Malaysia. If you are thinking about trading in Malaysia, you should protect your Intellectual Property<\/a> (IP<\/strong>) by registering your trade marks in Malaysia. A thorough trade mark search<\/a> is a great starting point. This article will take you through four tips for Australian businesses searching for Malaysian trade marks.<\/p>\n\n\n\n

1. Language Matters<\/h2>\n\n\n\n

Malaysia is a multi-religious, multicultural and multiracial society. This means there is a wide linguistic variety within Malaysia. When searching for Malaysian trade marks with a word element, you should take care to consider all possible translations and transliterations. For example, while Malay is Malaysia\u2019s official language, you will often find trade marks in English, Chinese, Tamil, and more. Remember that even if the trade mark does not sound the same in a different language, it might be a trademark infringement if the translation or general idea is the same. Fortunately, trade marks not provided in the Latin alphabet will require owners to provide a translation and transliteration of the trade mark with their trade mark registration. This can make it easier for you to search.\u00a0<\/p>\n\n\n\n

2. Check Your Trade Mark Class<\/h2>\n\n\n\n

Malaysia adopts the Nice International Classification of Goods or Services<\/a>. Thus, 34 classes of goods and 11 classes of services are available to register your trade mark in Malaysia. It is important to consider what class your goods or service will fall under. This will help you narrow down your search results when searching for Malaysian trade marks. Malaysia will only protect your trade mark in the industries you select as classes in your registration<\/a>. Therefore, it is essential that you cover as many applicable goods and services in your application and trade mark search.<\/p>\n\n\n\n

3. Conduct a Local Trade Mark Search<\/h2>\n\n\n\n

Before filing your trade mark application in Malaysia, you must conduct a thorough trade mark search to evaluate your application\u2019s chances of success. This is particularly important in Malaysia because the trade mark registration process is quite slow. The Intellectual Property Corporation of Malaysia (MyIPO<\/strong>) can take more than a year to respond to your application. By conducting a trade mark search before submitting your application, you will be able to check if any identical or similar trade marks may harm your application.<\/p>\n\n\n\n

MyIPO\u2019s free search tool<\/a> is available online. The \u2018simple search\u2019 function only allows you to search for a specific trade mark. However, the \u2018advanced search\u2019 mode has a multitude of search options. For example, you can search by:<\/p>\n\n\n\n