What Is Trademark Expedited Examination?
Trademark expedited examination in Malaysia is a fast-track procedure that allows eligible trademark applications to undergo accelerated examination by the Intellectual Property Corporation of Malaysia (MyIPO).
Under the Trademarks Act 2019, applicants may request expedited examination when they have valid reasons for obtaining faster trademark registration.
However, expedited examination is subject to MyIPO’s approval and does not guarantee registration.
How Long Does Expedited Trademark Registration Take?
According to MyIPO, expedited examination is designed to allow eligible trademarks to be registered within approximately 6 months and 3 weeks, provided they satisfy the legal requirements.
However, the actual processing time may vary depending on examination objections, oppositions, and other procedural matters.
Therefore, applicants should ensure their trademarks meet the registration requirements before requesting expedited examination.
Who Can Apply for Trademark Expedited Examination in Malaysia?
Under the Trademarks Regulations 2019, applicants may request expedited examination based on the following grounds:
- National or Public Interest: The application involves matters affecting national or public interest.
- Trademark Infringement: There are ongoing infringement proceedings or evidence of potential trademark infringement.
- Government Financial Benefits: Trademark registration is required to obtain monetary benefits from the Government or institutions recognized by the Registrar.
- Other Reasonable Grounds: The applicant has other reasonable grounds supporting the request.
Applicants should provide appropriate reasons and supporting documents where applicable.
How to Apply for Expedited Trademark Examination in Malaysia?
To request expedited examination, applicants must submit Form TMA4 to MyIPO.
The process generally involves:
- Filing a trademark application with MyIPO.
- Preparing the reasons and supporting documents for expedited examination.
- Submitting request for expedited examination within the applicable prescribed period.
- Paying the prescribed official fees.
- Awaiting MyIPO’s examination and decision.
However, expedited examination does not exempt applicants from normal trademark registration requirements.
Are All Trademarks Eligible for Expedited Examination?
No. MyIPO does not offer expedited examination for certain trademark categories, including collective marks, certification marks, and specified non-traditional marks.
Furthermore, expedited examination does not guarantee acceptance. Applications must still comply with the applicable trademark laws.
Professional Trademark Expedited Examination Services in Malaysia
At Lymesol IP, we provide professional trademark registration and expedited examination assistance in Malaysia.
With over 10 years of industry experience, our consultants assist businesses with trademark searches, application filing, examination responses, and expedited examination requests.
Additionally, we provide practical advice on trademark registrability and potential examination objections.
Need faster trademark registration in Malaysia?
Contact Lymesol IP to discuss your eligibility for expedited trademark examination and obtain a quotation.
