A trademark is the face of your product, it helps people identify and differentiate your
products / services from your competitors'.
What does a Trademark protect?
Logo, business name, brand name
Colour, shape, sound, scent
Hologram, Positioning, Sequence of motion,
Shape of goods and/or their packaging
Trademark Law in Malaysia
Trademarks Act 2019
Trademarks Regulation 2019
Why is a Trademark Important?
Registered trademark owners have exclusive rights to use their marks in trading, and to exclude others from using their mark without their consent.
Notification of Registration issued by MyIPO is an evidence of trademark ownership.
Criteria of a Good Trademark
Use a unique name for your product / services.
Inventive & Creative
Use coined words and try to avoid dictionary words.
Not descriptive of your product / services
Avoid using names that are directly descriptive of your product / services (eg. Top Shoes, Running King etc.)
Trademarks in Malaysia
To classify goods and services in the registration of trademark, the 11th edition of Nice classification is used (34 Classes to classify goods, 11 Classes for services). Malaysia adopts the multi-class system, whereby an application can encompass 1 mark in many Classes
Malaysia is a member of the Madrid Protocol and System
Term of Protection
A mark is valid for 10 years from the date of registration and may remain valid in perpetuity with payment of renewal fees once every 10 years
Once a mark is registered, the "®" symbol can be placed on the top right corner of the mark
Before a mark is being applied for or registered, mark owners are allowed to use the "™" symbol on the top right corner of their mark
Trademark Registration Process (in Malaysia)
Trademark Availability Search
Conducted to assess the registrability of the mark (i.e. whether there is same/similar prior mark(s) already filed/registered with the IP Office in Malaysia (MyIPO), and if the mark fulfills the registrability (i.e. whether the mark is distinctive and non-descriptive of your products/services).
If the search result is favourable, a trademark application has to be submitted to MyIPO to register the mark.
Requirements for Registration
Name & Address of Applicant
Representation of the mark
Class(es) of interest (we can assist you in identifying this)
Specification of goods / services (we can assist you in preparing this)
Priority particulars (if any)
For Malaysian applicant, a copy of company's incorporation form (if applicant is a company) or a copy of identification card (if applicant is an individual).