Trademarks (Waiver and Modification of Fee) Regulations 2020

In support of the government’s measures to reduce the impact of the Coronavirus Disease, the Minister of Domestic Trade and Consumer Affairs, Dato’ Sri Alexander Nanta Linggi, has enacted the Trademarks (Waiver and Modification of Fee) Regulations 2020.

Waiver of Fee

Starting from 1 January 2021, any trademark applicants or registered proprietors affected by the control or prevention measures under the Prevention and Control of Infectious Diseases Act 1988 (“PCID 1988”) will receive waivers for the following fees:

Application for amendment of name or address of applicant and correction of name or address of registered proprietor;
Request for extension of time, other than for opposition proceedings; and
Manual filing of documents.

Modification of Fee

Further, affected registered proprietors whose trademark registrations expire between 1 January 2021 and 30 June 2021 may request a late renewal at a fee of RM1,000 per class, which is RM200 lower than the usual fee.

What Needs to Be Done?

Applications for waivers of fees must be made between 1 January 2021 and 30 June 2021, while applications for modification of fees may be made within six months after the date of expiry of the registration.
Both applications must be submitted using the respective forms determined by the Registrar of Trademarks.

The application must also be accompanied by supporting documents proving the following:

For Individuals

a) The applicant is in the B40 group and entitled to Household Living Aid or Prihatin National Aid; or
b) The applicant’s income is affected by the control or prevention measures.

For Partnerships, Associations, Bodies Corporate, or Institutions

a) The entity has obtained approval for the extension of moratorium or any repayment flexibility from a financial institution;
b) The entity has cash flow problems caused by the control or prevention measures; or
c) The entity has pecuniary indebtedness and difficulties in repaying debts due to the control or prevention measures.

In the event that a registered trademark has more than one proprietor, it suffices if one of the proprietors satisfies the requirements.