Now In Force: Malaysia's Trademarks Act 2019

On 27 December 2019, the Trademarks Act 2019 (“the Act”) officially came into force in Malaysia. The Act repealed the Trade Marks Act 1976 and is seen as opportune in enabling Malaysia to adhere not only to commercial demands and sophistication of the current era, but also to international standards and procedures. The Trademarks Regulations 2019 is also now in force having been gazetted in the Government Gazette on 27 December 2019.

Some of the pertinent changes introduced by the Act are highlighted as follows:-

Malaysia’s Accession to the Madrid Protocol

On 27 September 2019, Malaysia has deposited its instrument of accession to the Madrid Protocol with World Intellectual Property Organization (WIPO), making Malaysia the 106th country to join the Madrid Protocol. The Protocol officially entered into force in Malaysia on 27 December 2019, the same day the Act came into force.

With its accession to the Protocol, international trademark registration is now available, which provides brand owners with an opportunity to protect their marks across 121 countries which are member states of the Madrid system by filing one application, in one language and paying one fee.