Malaysia – Accession to the Madrid Protocol Concerning the International Registration of Marks

International RegistrationMadrid Protocol Concerning the International Registration of Marks

On September 27, 2019, the Government of Malaysia deposited with WIPO its instrument of accession to the Madrid Protocol, containing:

  • the declaration extending the refusal period to 18 months and making it possible to notify refusals based on opposition after the expiry of that period (Article 5(2)(b) and (c) of the Madrid Protocol);
  • the declaration indicating that Malaysia wishes to receive an individual fee when it is designated in an international application, in a subsequent designation and in respect of the renewal of an international registration (Article 8(7)(a) of the Madrid Protocol).  The amounts of that individual fee will be the subject of a separate information notice;
  • the notification indicating that Malaysia requires, when it is designated under the Madrid Protocol, a declaration of intention to use the mark (Rule 7(2) of the Common Regulations);
  • the notification indicating that the recording of licenses in the International Register shall have no effect in Malaysia (Rule 20bis(6)(b) of the Common Regulations).

The Madrid System for the International Registration of Marks is governed by the Madrid Agreement, concluded in 1891, and the Protocol relating to that Agreement, concluded in 1989. The system makes it possible to protect a mark in a large number of countries by obtaining an international registration that has effect in each of the designated Contracting Parties.

The Madrid Protocol will enter into force, with respect to Malaysia, on December 27, 2019.

Source: WIPO