Expedited Examination in Malaysia

Whether expedited examination is available, and by how much this reduces timing to:

i) receiving an examination report and
ii) registration purpose.

Please also let us know the costs if it is available.

A new Regulation has recently been introduced in Malaysia by the Intellectual Property Corporation of Malaysia, with effect from 15 February 2011, which allows for the expedited examination of trademark applications. An application for expedited examination has to be supported by Statutory Declaration setting out the reasons for the request.
Accepted reasons for an expedited examination are as below:

I) the expedited examination is for national or public interest
II) there are infringement proceedings taking place or evidence showing potential infringement with regard to the trademark applied for;
III) registration of the trademark is a condition for obtaining funding from the government or institutions recognised by the Registrar; or
IV) there are other reasonable grounds which support the request.

This option allows for a trademark application to be registered 7 months from the date of filing, assuming that the request for approval of expedited examination is filed within one month from the date of filing, and there are no adverse examination reports or opposition proceedings. Assuming if the Registrar raises any objections during the examination, the application will be removed from the expedited track and the normal examination process would apply to the case.

For more information, contact us : malaysia@mirandah.com