To file a trademark in Malaysia, you must register it with the Intellectual Property Corporation of Malaysia (MyIPO). Before submitting your application, it is important to ensure that all official requirements are met.
What is a trademark in Malaysia?
Article 88 of the Industrial Property Law defines a trademark as any visible sign that distinguishes products or services of the same type from others in the same category on the market.
How to file a trademark in Malaysia?
In Malaysia, trademark applicants must file their applications in Malay or English with the Intellectual Property Corporation of Malaysia (MyIPO). To obtain a filing date, the application must include the applicant’s name, address, and nationality; a clear representation of the trademark; and a description of the goods or services according to the Nice Classification. If there are multiple applicants, information for all co-owners must be provided.
A Power of Attorney is required when filing through a local representative, which is mandatory for foreign applicants.
To claim priority rights under the Paris Convention, applicants must provide the priority filing number, country of first filing, and the filing date. A certified copy of the Priority Document must also be submitted.
To register a trademark in Malaysia, applicants must ensure that the mark meets the following requirements:
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It must be capable of graphical representation.
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It must be distinctive and not merely descriptive of the goods or services.
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It must not be identical or confusingly similar to an earlier registered mark.
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It may consist of words, letters, numbers, logos, shapes, colors, or a combination of these elements.
To initiate the process of filing a trademark in Malaysia Click Here.
Check out how to file a patent in Malaysia.
How is the process of a Trademark in Malaysia?
Previous Searches
Before filing a trademark application in Malaysia, it is highly recommended to conduct an availability search. These searches should be carried out for each mark and each class to identify potential conflicts and reduce the risk of refusal.
Examination
Once you file your trademark application, the Intellectual Property Corporation of Malaysia (MyIPO) begins the examination process. After assigning an application number and filing date, the application undergoes the following stages:
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Publication for Opposition – The application is published in the Official Journal, giving third parties an opportunity to oppose.
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Formal Examination – Examiners verify that the application meets the required formalities, including accurate applicant details, nationality, address, and correct classification of goods or services under the Nice Classification.
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Substantive Examination – The examiner evaluates whether the trademark is distinctive, not descriptive, and not identical or confusingly similar to an existing registered mark. Both absolute and relative grounds for refusal are considered.
The formal and substantive examinations usually take 12–18 months. If objections are raised, the applicant is notified through an office action and is generally given 2 months to respond with amendments or legal arguments.
Registration
If the application is successful, MyIPO issues the registration certificate, granting the owner exclusive rights to use the mark for 10 years from the filing date. The registration may be renewed indefinitely in 10-year increments.
To maintain rights, the trademark must be used in commerce. If it is not used for five consecutive years, third parties may request cancellation for non-use. Malaysia does not automatically require proof of use for renewal, but use must be genuine and continuous to defend against cancellation actions.
Duration of the procedure:
If you file a complete trademark application in Malaysia and no oppositions or examiner objections arise, registration may be granted within 12 to 15 months from the filing date. However, if oppositions are filed or the examiner raises formal or substantive objections, the process can take longer—often 18 months or more—and may ultimately result in either registration being granted or refused.
Grant, validity term and maintenance fees
Duration and Renewal
In Malaysia, a registered trademark is valid for 10 years from the filing date and can be renewed indefinitely in consecutive 10-year periods. To maintain protection, the renewal application must be filed within six months before the expiration date. A six-month grace period is also available after expiration, subject to additional fees.
Power of Attorney (POA)
For foreign applicants, renewal must be handled through a locally registered trademark agent, and a Power of Attorney (POA) is required. The POA must be signed by the applicant but does not require notarization or legalization. Once filed, the same POA can generally be used for subsequent renewals and related actions.
International treaties
International Treaties and Classification System
Malaysia is a member of several major international treaties and conventions, including:
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the Paris Convention for the Protection of Industrial Property;
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the Nice Agreement Concerning the International Classification of Goods and Services;
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the Madrid Agreement and the Madrid Protocol for the International Registration of Marks; and
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the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Classification System
Malaysia follows the Nice Classification system and accepts multi-class applications. This allows applicants to file for protection of a trademark across multiple classes in a single application, simplifying the process and reducing costs compared to filing separate applications.
Representation by a trademark attorney
Foreign applicants must file and prosecute trademarks in Malaysia through a locally registered trademark agent or attorney authorized by MyIPO.
Goytia & Associates has local offices in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
This content may suffer modifications due to updates in the official regulations of Malaysia.
