Question: We would like to register trademark in Asean, please provide us the legal procedure and your fee?
Answen: At your enquiry, we would like to send you our advice on this matter as below:
1. The time frame for procedure for registering trademark in ASEAN
In order to register a trademark in ASEAN, we file the application directly with the Intellectual Property Office of such countries.
The time frame for conducting a search and registration a trademark (with one class) will be estimated as below:
| Country | Time frame | |
| Search
(working day) |
Registration
(month) |
|
| Laos | 05-07 | 08-12 |
| Cambodia | 10-15 | 08-12 |
| Malaysia | 10-15 | 12-16 |
| Indonesia | 05-07 | 15-20 |
| Myanmar | 10-20 | 01-03 |
| Thailand | 07-10 | 14-18 |
| Singapore | 10-20 | 06-12 |
| Philippines | 10-15 | 08-12 |
| Brunei | 05-07 | 12-14 |
2. Estimated fee for searching and registering a trademark in ASEAN
| Country | Fee (USD) | |||
| Search | Registration | |||
| Official Fee | Agency Fee | Official Fee | Agency Fee | |
| Laos | 100.00 | 80.00 | 230.00 | 200.00 |
| Cambodia | 100.00 | 80.00 | 230.00 | 200.00 |
| Malaysia | 150.00 | 80.00 | 750.00 | 200.00 |
| Indonesia | 170.00 | 80.00 | 655.00 | 250.00 |
| Myanmar | 120.00 | 80.00 | 350.00 | 250.00 |
| Thailand | 250.00 | 80.00 | 797.00 | 250.00 |
| Singapore | 150.00 | 80.00 | 780.00 | 250.00 |
| Philippines | 250.00 | 80.00 | 750.00 | 200.00 |
| Brunei | 280.00 | 80.00 | 750.00 | 300.00 |
Note:
– The above mentioned fees are exclusive 5% VAT and other disbursements such as fee for responding to Office Action in each country, fee for counter-responding to the opposition of any parties;
– Agency fee is our service fee while official fee includes fee for Office of Intellectual Property and service fee of Law firm at each country;
– The search is not compulsory, but the search result will show the chance of success in registering the trademark at such countries. The search result is for reference only. It is not the conclusion of Intellectual Property Office.
– The above mentioned fees are estimated for 01 trademark with 01 class. The exact fees for taking the above mentioned action at ASEAN will be provided with you upon receiving the detail of goods/service of your company.
3. The procedure for registering trademark at ASEAN
Your trademark application will be examined following the below procedures:
– Formality examination: Your application will be examined whether it meets the formality conditions of a trademark application according to the regulation of each countries or not.
– Substantive examination: In this step, your application will be examined whether it could be protected as a trademark or not?
– Publication: Your application will be published on a Official Gazette of such country;
– Granting the certificate: In case your application meets all requirements for protecting a trademark and there are not any opposition of third party against your trademark application, the Office of Intellectual Property of each country will grant the certificate of trademark for your application.
