How to Assign a Trademark in Malaysia
1. Execute a Deed of Assignment:
- Both the current owner (Assignor) and the new owner (Assignee) must sign a legally binding Deed of Assignment.
- This document outlines the terms of the transfer, including:
- The specific trademarks being transferred.
- The effective date of the transfer (which is usually the date the Deed of Assignment is signed).
- The consideration for the transfer (which can be a nominal sum).
2. File with the Trademark Office:
- Submit the signed Deed of Assignment to the Malaysian Intellectual Property Corporation (MyIPO) along with the prescribed form (Form TMH-1) and any required fees.
3. Office Processing:
- MyIPO will review the documents and record the assignment in their database.
- This process typically takes a few months.
Important Note:
- Transfer Effective Date: The transfer of trademark ownership is effective immediately upon the signing of the Deed of Assignment, regardless of the time it takes for MyIPO to process the filing.
Key Takeaways:
- The Deed of Assignment is the cornerstone of any trademark transfer.
- Filing with MyIPO is essential for official record and to protect the transfer.
- Consulting with a qualified trademark agent is highly recommended to ensure a smooth and legally sound transfer process.
Disclaimer:
This information is for general guidance only and does not constitute legal advice.
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