Trademark Registration in Malaysia

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.

To register a trademark in Malaysia, you will generally need to provide:

• The name or logo you want to register
• The applicant’s details

No documents are necessary.

If any additional information or country-specific formalities apply, your iGERENT consultant will confirm the exact requirements and guide you through each step.

On average, a straightforward trademark application in Malaysia takes around 3 months from filing to registration. This is an indicative timeframe and can change depending on any objections, oppositions, or administrative delays during the process.

Once your trademark is registered in Malaysia:

• It is valid for 10 years from the filing date.
• It can then be renewed for further periods of ten (10) years each, indefinitely.
• The renewal can be requested during the six (6) months before the expiration date, and also during the six (6) months after expiration, subject to payment of a late renewal fee.

In addition, trademark assignments (transfers of ownership) are only possible once the trademark is registered. In Malaysia, ownership of a pending application cannot be transferred; transfer is only available for already registered trademarks.

Yes. If a third party applies for a mark that is identical or confusingly similar to your own for related goods or services, you may oppose the application.

Oppositions must be filed within two (2) months from the date the application is published in the Government Gazette. The chances of success will depend on the specific facts of the case and the strength of your prior rights.

Use is not required to obtain registration in Malaysia: you can register a mark even if it has not yet been used.

However, after registration, continuous non-use for three (3) years makes the trademark vulnerable to cancellation actions for non-use brought by third parties. To maintain your registration securely, it is advisable to use the mark in the market for the goods/services for which it is registered.