Trademarks in Malaysia

Competent Authority

Trademark registration in Malaysia is administered by the Intellectual Property Corporation of Malaysia, commonly known as MyIPO (Perbadanan Harta Intelek Malaysia), located in Kuala Lumpur. The official working languages are Malay and English, and the system is national.

International Agreements

Malaysia is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the Paris Convention for the Protection of Industrial Property. Furthermore, Malaysia is a contracting party to the Madrid Protocol concerning the International Registration of Marks, allowing international applications to designate Malaysia through the Madrid System.

Who May Apply

Natural persons and legal entities carrying out trade or commercial activities may apply. Foreign applicants who do not have a domicile or real industrial/commercial establishment in Malaysia are legally required to act through a registered local trademark agent. A Power of Attorney (POA) or authorization of agent form is typically required to represent the applicant before MyIPO.

Online Filing and Search

Electronic filings and database search tools are fully supported through MyIPO's official digital online portal (IP Online). Free preliminary availability searches of the national register can be conducted online via MyIPO's database or regional platforms like ASEAN TMview.

Registrable Sign Types

Trademarks may comprise any signs—including words, personal names, letters, numerals, figurative elements, 3D shapes, colors, sounds, and combinations thereof—capable of distinguishing goods or services. Non-Latin characters or non-English/non-Malay words require certified translations and transliterations.

Classification

Malaysia follows the international Nice Classification system for goods and services. Multi-class applications are fully supported, allowing a single application to cover multiple classes subject to class-specific fee additions.

Examination

MyIPO conducts a formal administrative examination for completeness, followed by a substantive examination covering absolute grounds for refusal (such as lack of distinctiveness) and relative grounds (conflicts with prior registered or pending marks on the national database). Applicants are given statutory deadlines to respond in writing to any issued provisional refusal or examiner objection.

Publication and Opposition

Applications that successfully pass substantive examination are published in the Intellectual Property Official Journal. Any interested third party may file a formal notice of opposition against the registration of the trademark within a strict statutory window of 2 months from the publication date.

Timelines

An unopposed standard trademark application typically takes an average of 12 to 18 months from initial filing to final registration certificate issuance.

Official Fees

Official state fees are denominated in Malaysian Ringgit (MYR / RM) and vary depending on whether specifications use pre-approved terms or customized descriptions:

• Standard online application fee (using pre-approved goods/services database): RM 950 per class
• Online application fee using customized descriptions: RM 1,100 per class
• Trademark renewal fee (Form TME1): RM 1,000 per class

Protection Duration and Renewal

Trademark protection is valid for 10 years starting from the official application filing date. Registrations can be renewed indefinitely for successive 10-year periods upon submitting a renewal request within the final 6 months before expiration, backed by a 6-month grace period subject to late surcharges.

Use Requirements

A registered trademark is vulnerable to revocation or cancellation actions if it has not been put to genuine commercial use in Malaysia for a continuous period of 3 years. Malaysia's legal framework balances statutory registration principles with foundational common-law considerations regarding prior commercial use.

Post-Registration Procedures

Post-registration changes—including assignments, licensing agreements, changes of registrant name, or changes of address—must be formally recorded with MyIPO to ensure full legal validity and enforceability against third parties.

Legal Remedies

Legal remedies include civil infringement litigation before the High Court seeking permanent injunctions, damages, accounts of profits, and delivery up of infringing goods. Rights holders can also lodge administrative complaints with the Ministry of Domestic Trade and Cost of Living or apply for Trade Description Orders to intercept and seize counterfeit merchandise.

Country-Specific Risks and Practical Notes

Because foreign applicants must navigate proceedings via local licensed intellectual property agents and comply with specific pre-approved classification term preferences at MyIPO, conducting comprehensive prior-art searches and securing local representation early helps avoid office actions and procedural delays.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.