What Is Trademark in Malaysia?Registration
Trademark registration in Malaysia is the legal process of protecting a brand name, logo, tagline, or other distinctive sign under the Trademarks Act 2019, administered by MyIPO (Intellectual Property Corporation of Malaysia).
Once registered, the owner holds exclusive rights to use the mark for the goods or services it covers, for an initial 10 years, renewable indefinitely in further 10-year terms.
Why Register a Trademark in Malaysia?
- Exclusive nationwide rights to your brand name and logo
- Legal power to act against infringers and counterfeiters
- Stronger brand value for franchising, licensing, or investment
- A registration basis for Madrid Protocol filing into other countries
- Deterrence against competitors adopting a similar name or logo
- An intangible business asset that can be sold, licensed, or used as security
Who Can Apply for a Malaysian Trademark?
Any individual, company, or foreign entity can apply, even without a physical presence in Malaysia. Foreign applicants must appoint a registered Malaysian trademark agent to file and manage the application on their behalf.
What Can Be Registered as a Trademark?
- Brand names and business names
- Logos and device marks
- Slogans and taglines
- Combined word-and-logo marks
- In limited cases, distinctive colours, sounds, or shapes
A mark must be distinctive. Purely descriptive words, common surnames, or generic terms for the product itself are usually refused unless they have acquired distinctiveness through long use.
What Are the Steps to Register a Trademark in Malaysia?
- Trademark search: Check MyIPO’s database to confirm the mark is available and not confusingly similar to existing marks.
- Filing: Submit the application with the mark representation, applicant details, and the correct Nice Classification class(es).
- Formality examination: MyIPO checks the application meets basic filing requirements.
- Substantive examination: MyIPO reviews the mark for distinctiveness and conflicts with earlier marks.
- Publication: An accepted mark is published in the Trademarks Journal for a 2-month opposition period.
- Registration: If unopposed, or once any opposition is resolved in the applicant’s favour, MyIPO issues the certificate of registration.
What Documents Are Needed?
- Clear representation of the trademark (logo or wordmark)
- Applicant’s full name and address (individual or company)
- List of goods or services with the correct Nice Classification
- Power of attorney (if filed through an agent)
- Priority document (if claiming priority from an earlier foreign filing within 6 months)
How Much Does It Cost?
Official MyIPO fees are charged per class of goods or services, with additional professional fees if you engage a trademark agent. Total cost depends on the number of classes filed and whether the application is submitted online or manually. Speak with an IP advisor for an accurate quote based on your specific brand and classes.
How Long Does Registration Take?
A straightforward, unopposed application typically takes 12 to 18 months from filing to registration, covering examination, publication, and the 2-month opposition window. Timelines extend if MyIPO raises an objection or a third party files an opposition.
How Long Does Protection Last?
A registered trademark is valid for 10 years from the filing date and can be renewed indefinitely in further 10-year terms, provided renewal fees are paid before expiry. Failure to renew on time can result in removal from the register.
What Mistakes Should You Avoid?
- Skipping a prior trademark search before filing
- Choosing the wrong Nice Classification for your goods or services
- Filing a purely descriptive or generic mark
- Missing the opposition period deadline
- Delaying registration while a competitor files first, since Malaysia follows a first-to-file system
- Forgetting to renew before the 10-year term lapses
Can You Protect a Malaysian Trademark Internationally?
Yes. Malaysia is a member of the Madrid Protocol, so a Malaysian trademark registration or application can serve as the basis for a single international application extending protection to other member countries, avoiding separate national filings in each one.
