How Do You Register a Trademark in Malaysia?

Registering a company name with the Companies Commission of Malaysia gives your business a legal identity, but it gives you no ownership of your brand. Without registration, a competitor may adopt a similar name or logo and even register it first.

In this guide, we discuss the register trademark Malaysia process under the current law. It covers who may apply, the step-by-step process, official fees, timelines, common reasons for refusal, and how protection can extend beyond Malaysia through the Madrid Protocol.

What Does Trademark Registration in Malaysia Actually Protect?

A registered trademark gives its owner the exclusive nationwide right to use a brand sign for the goods or services it covers. It also lets the owner stop others from using a confusingly similar sign.

Under the Trade Marks Act 2019, a registrable sign can be a word, a logo, a letter, a numeral, a colour, a shape, or a combination of these. Slogans and distinctive product packaging may also qualify, provided the sign is capable of graphical representation.

Many business owners assume that company registration protects their brand. It does not. Registering a company with Suruhanjaya Syarikat Malaysia (SSM) creates a legal identity for the business, but it grants no rights over the brand name or logo. Another trader can adopt a similar mark and even secure it first.

In practice, we regularly meet founders who discover copycat brands only after years of building a reputation. Challenging an earlier registration is far costlier than securing your own at the outset.

After incorporation, your annual compliance obligations keep the company in good standing with SSM, but only registration with the trademark registry secures the brand itself. The table below summarises the difference.

Which Law and Authority Govern Trademarks in Malaysia?

Trademarks in Malaysia are governed by the Trade Marks Act 2019, and the national registry is the Intellectual Property Corporation of Malaysia (MyIPO).

The Trade Marks Act 2019 came into force on 27 December 2019. It repealed the former Trade Marks Act 1976 and modernised the registration system, widening the range of registrable signs and streamlining procedures.

That date marked the Madrid Protocol's entry into force in Malaysia, following Malaysia's accession on 27 September 2019.

According to MyIPO, the registry examines applications, advertises accepted marks, administers oppositions and issues certificates. All filings, renewals and recordals pass through MyIPO, whether lodged electronically or through a registered trade mark agent.

Because the 1976 Act no longer applies, guides citing repealed provisions or obsolete forms are outdated. Every application must follow the current Act and its regulations.

Who Can Register a Trademark in Malaysia, and What Is Required?

Any individual, local company or foreign entity can register a trademark in Malaysia. The mark must be distinctive, the correct classes must be chosen, and a local address for service must be in place.

Malaysian law keeps the entry requirements accessible. Before filing, check each of the four points below carefully.

1. A Distinctive and Registrable Mark

The mark must be distinctive and not merely descriptive of the goods or services. Invented words, original logos and stylised lettering face the fewest objections. Generic terms cannot be monopolised by anyone.

2. An Eligible Applicant

The applicant can be a Malaysian individual, a local company, a partnership or a foreign company. A foreign applicant must appoint a registered trade mark agent to file in Malaysia. A Malaysian applicant may file directly.

3. The Correct Classes of Goods and Services

Malaysia follows the Nice Classification, which groups goods and services into 45 classes. Classes 1 to 34 cover goods, while Classes 35 to 45 cover services. A proprietor starting a coffee shop business in Malaysia, for instance, may need Class 43 for café services and Class 30 for coffee products.

4. A Local Address for Service

Every national application must include an address for service in Malaysia. For a foreign applicant, this is normally the Malaysian address of the registered trade mark agent. Many local applicants also use professional filing support.

How Do You Register a Trademark in Malaysia, Step by Step?

To register a trademark in Malaysia, start with a search and a correctly classified application. Where no objections or oppositions arise, the process typically takes around nine to eighteen months.

For most applicants, the route is administrative rather than adversarial. Follow the five steps below to keep the application on track.

Step 1: Conduct a Trademark Search

Search MyIPO's register for identical or similar marks in your intended classes before filing. A thorough search costs little, yet it prevents the single most common cause of refusal.

Step 2: Prepare and File the Application

Prepare the application as prescribed under the Trade Marks Regulations 2019 and attach a clear representation of the mark. File it with MyIPO together with the official fee. Multi-class applications are permitted.

Step 3: Respond to Examination

MyIPO examines the mark on formal and substantive grounds. If an objection or clarification letter is issued, you must respond within the period stated in the letter. Prompt, well-drafted replies protect your filing date.

Step 4: Advertisement and Opposition

Once accepted, the mark is advertised for opposition purposes. Any third party may oppose within two months of advertisement. Unopposed marks proceed straight to registration.

Step 5: Registration and Certificate

MyIPO registers the mark and issues a notification of registration; a certificate of registration is issued only if the registered proprietor applies for one. Protection takes effect from the filing date, preserving your priority from the day you applied.

How Much Does Trademark Registration Cost in Malaysia?

Filing costs RM950 or RM1,100 per class, depending on the goods or services list used. Registration lasts ten years from filing and can be renewed indefinitely.

Costs fall into two parts: official fees paid to MyIPO, and professional fees if you engage a trade mark agent or Corporate Services Provider.

MyIPO charges RM950 per class when the goods or services are adopted from its pre-approved list. The charge is RM1,100 per class without that list. Before you begin the register trademark Malaysia process, confirm the current amounts on MyIPO's website, as fee schedules can change.

A registered trademark lasts ten years from the filing date. It can be renewed for further ten-year terms indefinitely, provided renewal fees are paid. Late renewal may attract a surcharge, so diarise expiry dates well ahead.

Professional fees vary with the complexity of the mark and the number of classes involved. Budget separately for the search, filing, examination responses and any opposition work.

How Can You Extend Trademark Protection Beyond Malaysia?

A Malaysian registration covers Malaysia only, so overseas protection requires either direct national filings or an international application under the Madrid System.

Malaysia deposited its instrument of accession to the Madrid Protocol on 27 September 2019, and the Protocol entered into force for Malaysia on 27 December 2019. A Malaysian applicant can now file one international application through MyIPO and designate any of the other member countries.

The World Intellectual Property Organization (WIPO) administers the Madrid System, and each designated national office still examines the mark under its own law.

The alternative is direct filing in each target market. This suits businesses targeting only one or two countries, or markets outside the Madrid Protocol.

For multinational companies in Malaysia and growing SMEs alike, a phased strategy works well. Businesses planning to register a trademark in Malaysia first can extend protection to export markets as revenue justifies the cost.

Why Do Trademark Applications Fail in Malaysia?

Most refusals trace back to three causes: weak marks, conflicts with earlier registrations, and incomplete or incorrect applications.

In practice, we at 3E Accounting Malaysia find that refusals cluster around predictable issues. Understanding them before filing sharply improves the odds of approval.

1. The Mark Is Not Distinctive

Descriptive, generic or common laudatory terms rarely survive examination. A distinctive, invented mark clears this hurdle almost every time.

2. Conflict with an Earlier Mark

MyIPO refuses marks that are identical or confusingly similar to earlier marks for related goods or services. A professional search before filing uncovers most conflicts in advance.

3. Errors in the Application

Wrong classes, unclear representations of the mark and missed deadlines for answering official letters all delay or derail applications. Careful preparation prevents avoidable losses.

Conclusion

Trademark registration in Malaysia is administered by MyIPO under the Trade Marks Act 2019. The route is methodical: search the register, file a distinctive mark in the correct classes, respond to examination, and complete the advertisement period. Protection lasts ten years from filing and renews indefinitely, while the Madrid Protocol extends coverage abroad.

The most damaging mistake is assuming that SSM company registration protects the brand. It does not, and waiting until a copycat appears turns a routine filing into an expensive dispute.

As a Corporate Services Provider, 3E Accounting Malaysia supports startups and SMEs throughout the brand journey. Our support covers company incorporation, corporate secretarial services, pre-filing searches and trademark applications. Speak to our team to register a trademark in Malaysia and secure your brand before someone else does.

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