Trademark Registration in Malaysia - Blog iPNOTE
This website uses cookies. Learn more.
ACCEPT

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Trademark Registration in Malaysia: Essential Information

Malaysia is a rapidly growing market with a strong economy offering vast business opportunities. The country’s GDP has consistently grown over the past few years, reaching a record of $370 billion in 2021.

 

With a growing number of businesses operating in the country, the demand for trademark protection has also increased. In 2021, the Intellectual Property Corporation of Malaysia (MyIPO) received over 50,000 trademark applications.

 

In this article, we will guide you through registering a trademark in Malaysia, including important information about trademark classification, the application steps, and documents required by Malaysian trademark law.

Contents

 

1. What can be registered as a trademark in Malaysia?

2. Why can you be refused to register a trademark in Malaysia?

3. The process of trademark registration in Malaysia

4. Documents required for the registration of a trademark in Malaysia

5. Trademark opposition process in Malaysia

6. Costs of trademark registration in Malaysia

7. Final thoughts

1. What can be registered as a trademark in Malaysia?

 

In Malaysia, you can register a trademark for various goods and services. This includes products such as clothing, electronics, and food items, as well as services like consulting, education, and transportation. You can register the following types of trademarks in Malaysia:

  • Words
  • Logos
  • Graphics, 3D
  • Sound marks
  • Color marks
  • Holograms
  • Scents
  • Combined

 

When registering a trademark in Malaysia, it is essential to properly classify your goods and services based on the International Classification of Goods and Services. This will ensure that your trademark application is consistent with global standards and provides adequate protection for your brand.

 

You can also file a multi-class trademark application in Malaysia. This means you can use a single trademark to cover multiple classes of goods or services, provided they are all related. However, you will need to pay an extra fee for each additional class.

 

In Malaysia, you can also apply for temporary protection for a trademark shown at an international exhibition recognized by the government. This temporary protection does not add extra time to your priority rights, and if you claim priority later, it’ll still only be for 6 months from when the goods or services were first shown at the exhibition.

2. Why can you be refused to register a trademark in Malaysia?

 

Trademark registration in Malaysia may be rejected due to absolute and relative grounds. Absolute grounds are based on objective standards, while relative grounds consider the likelihood of confusion between the new trademark and an existing one.

 

For example, due to relative grounds, a mark will not be registered if it:

  • is identical or similar to an earlier trademark or an application with earlier priority;
  • is identical or similar to a well-known trademark that is not registered in Malaysia and is used for identical goods/services;
  • identical or similar to a well-known trademark which is registered in Malaysia but used for different goods/services;
  • identical or similar to a non-patentable name;
  • identical or similar to an earlier design or design application with an earlier priority.

 

The following cannot be registered as trademarks in Malaysia due to absolute grounds:

  • Marks that are misleading, against the law, or public interest and morality;
  • Marks that are offensive or scandalous;
  • Marks that might harm the nation’s interests or security;
  • Marks that describe the type, quality, quantity, purpose, value, origin, or other features of goods or services;
  • Common designations;
  • Designations that are only based on the form of the goods or the technical result;
  • Marks that only consist of a country’s name or recognized geographical indications;
  • Marks that use someone else’s name without their permission;
  • Marks that use the national flag, emblem, or royal coat of arms without permission from the appropriate authorities;
  • Marks that use words like “Patent,” “Patented,” “Royal Patent,” “Registered,” “Registered Design,” “Copyright,” or similar words in any language

3. The process of trademark registration in Malaysia

 

The process of trademark registration includes a few steps, such as Malaysia trademark search, examination, opposition and issuance of certificate.

 

Before applying for trademark registration, it is recommended to search the Malaysia trademark database to determine if the desired mark is available. This can help avoid potential conflicts with existing trademarks and reduce the likelihood of the trademark being refused registration.

 

The next step is to file a trademark application with the Intellectual Property Corporation of Malaysia (MyIPO). The application must include the desired trademark, a description of the goods or services you will use it for, and the applicant’s contact information.

 

Once the trademark application is filed, it will be examined by MyIPO. The examination will determine if the trademark meets the requirements for registration, including distinctiveness and compliance with the Trademark Act.

 

If Malaysia Trademark Office approves the trademark, it will be published in the official gazette, allowing for a period of opposition. Any person who believes the trademark violates their rights can file an opposition within two months of the publication.

 

Once the opposition period has passed and there are no outstanding objections, MyIPO will register the trademark and issue a registration certificate. The trademark will then be protected for 10 years from the registration date and can be renewed for successive 10-year periods.

 

Overall, the trademark registration process in Malaysia typically takes up to 12 months and requires careful consideration of the requirements and potential obstacles along the way.

4. Documents required for registering a trademark in Malaysia

 

To register a trademark in Malaysia, you must file the following documents:

  1. A completed trademark application form.
  2. A clear representation of the trademark.
  3. A list of the goods and/or services for which the trademark will be used.
  4. A priority document (if claiming priority from a previous filing).
  5. Payment of the required fees.

 

In Malaysia, the official language for trademark applications is English. The convention and exhibition priority term are 6 months.

5. Trademark opposition process in Malaysia

 

In Malaysia, the trademark opposition process is a way for individuals or entities to challenge the registration of a trademark. That’s why it’s worth conducting a Malaysia trademark database search before applying.

 

The opposition process starts when an individual or entity files a notice of opposition with the Intellectual Property Corporation of Malaysia (MyIPO). Anyone can do this within two months of the publication of the trademark in the Trademarks Journal. Evidence and reasons for the opposition must support the notice of opposition.

 

The opposing party and the trademark owner then have the opportunity to submit their arguments and evidence. After considering the submissions, MyIPO may either dismiss the opposition or uphold it and refuse the trademark registration.

 

In case of a refusal, the trademark owner may appeal the decision to the High Court of Malaysia. The opposition process can be time-consuming and costly, but it provides a necessary mechanism for protecting the rights of parties who may be affected by the registration of a trademark.

6. Costs of trademark registration in Malaysia

 

Government fees of trademark registration in Malaysia:

 

Application
  • standard wording
MYR 950 per class
  • applicant’s wording
MYR 1,100 per class
Trademark seriesMYR 50 for the second and each subsequent trademark
Speedy examinationMYR 100 for each class
Certificate of registrationMYR 50
Trademark renewal
  • on time
MYR 1,000
  • late
MYR 1,200
  • reinstatement
MYR 1,500
License/sublicenseMYR 100 for each class
BailMYR 300 per trademark
AlienationMYR 300 per trademark

 

The trademark registration cost in Malaysia via the iPNOTE platform starts from as low as $480, which includes all government fees as well as document preparation. Find the best trademark agent in Malaysia on iPNOTE.

7. Final thoughts

 

Trademark registration in Malaysia is an important step for companies and individuals who want to protect their brand and intellectual property. It is essential to understand the trademark law in Malaysia, including requirements, processes, and potential grounds for a refusal to ensure a successful trademark registration.

 

***

 

The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.

 

Look at our directory of trademark attorneys in Malaysia.

 

Sign up for free, and we’ll help you solve any IP-related problem.

Other posts

AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?