Malaysia recently became the 106th member of the Madrid System.
On 27 September 2019, the Government of Malaysia deposited its instrument of accession to the Madrid Protocol with WIPO’s Director General.
The date to watch out for is 27 December 2019 – that’s when the Protocol will enter into force for Malaysia.
What does this mean to Entrepreneurs/Business Owners?
From 27 December 2019, local business owners can use the Madrid System to protect their trademarks in 121 countries in an easy and cost-effective manner.
Why is it easy and cost-effective?
The international filing system only requires a single international application, in a single procedure, a single language and a single set of fees to be paid. There is no need to hire a legal representative in each country the business owner intends to protect the mark in, or to pay for translations.
Previously, Malaysian businesses used the Madrid Protocol through Vietnam or Singapore, if they had a business entity in those countries, but now as Malaysia has acceded to the Madrid Protocol, businesses can utilise the system using their business entity in Malaysia itself.
What is the next step for Business Owners?
In order to file an application via the Madrid Protocol, a Malaysian Business Owner must file their trademark application in Malaysia. With a pending trademark application or a registered trademark, they can initiate a Madrid Protocol application.
For Business Owners who have a registered trademark, do review your registration and ensure you have your trademark covered in all the relevant Nice classifications. Then, on 27 December 2019, you can proceed with the Madrid Protocol application.
For Business Owners who have yet to apply for a trademark, this is a great opportunity to protect your brand locally and begin protecting your brand overseas as well.
What about Foreign Brand Owners?
On 27 December 2019, Foreign Brand Owners can make a subsequent designation and add Malaysia to their existing Madrid Protocol applications or registrations.
Should you be keen to know more about Madrid Protocol applications, just let us know (drop us an email at kass@kass.asia) and we will get in touch with you. We’ll take you through this foreign protection strategy in more detail, ensuring you maximise the benefits of it.
- Budding Innovations: Patent Trends in Thailand’s Medical Cannabis Sector - April 20, 2024
- From Venice with Love and Litigation: The Cipriani Brand Dispute - March 26, 2024
- The Impact of Unlawful Franchise Agreements: SP Multitech Intelligent Homes Sdn Bhd v Home Sdn Bhd [2010] MLJU 1845 - March 25, 2024