Malaysia is a “first-to-file” jurisdiction, which means that, as a general rule, you only obtain trademark rights by registering your mark. Only in exceptional situations can well-known trademarks receive protection without being filed.
To secure protection, your application must be filed before the Intellectual Property Corporation of Malaysia (MyIPO). Registration:
- Grants exclusive rights over the mark for the covered goods and/or services.
- Creates a clear presumption of ownership, which is extremely useful in disputes.
- Helps you stop third parties from registering or using similar marks for related products or services.
Malaysia is also a member of the Madrid Protocol, so you can obtain protection either via a national filing in Malaysia or by designating Malaysia through an international registration under the Madrid System.
If you file a combined trademark (word + logo), your exclusive right is limited to that exact combination. If you plan to use the word element or the figurative element separately and want each of them protected, it is advisable to file separate applications for those elements.