The Malaysian Trademarks Registry has further changed its practice in relation to new trade and service mark applications. The Trademarks Regulations 1997 prescribe that all trade and service mark applications submitted after 1 December 1997 must be accompanied by :-

1. a Statutory Declaration inter alia affirming the applicant as the bona fide proprietor of the trade or service mark;
2. the relevant priority documents (in cases where priority is claimed); and
3. whenever applicable, a certified transliteration and translation of wordmark(s) having non-Roman characters.

However, in order to facilitate the implementation of the new Regulations during the transitional phase, the Registry has in practice been flexible in allowing the applicants a grace period (with an extendible deadline) to submit the required accompanying documents. This practice will soon cease on 15 September 1998 as the Registry has by an Official Notice announced that with effect from the aforesaid date :-

1. all applications filed from 1 December 1997 onwards without the requisite attachments at the time of filing must adhere to the 15 September 1998 deadline for the submission of the outstanding documents; and

2. any applications presented for filing on or after 15 September 1998 without complete documentation would be immediately rejected at the filing counters.

All affected parties are advised to take note of the foregoing changes in the Registry's existing practice.

By Clara C.F. Yip, Henry Goh & Co. SDN. BHD.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

If you require more information or if there is any way we can serve you, please email us at Click Contact Link