Trademark Registration in Malaysia- An Overview

Aspect Details
What is a Trademark? A trademark is a distinctive identifiable sign, expression, or symbol that connotes a product or service.
Trademark Registration Fees The cost of trademark registration in Malaysia starts at $80
Timeline for Trademark Registration

Register a brand in Malaysia within 12 to 18 months

Benefits

The benefits of Malaysia Trademark Registration are as follows:

  • Brand Recognition
  • Business Growth
  • International Trademark Security
  • Exclusive Rights
  • Asset Creation
  • Legal Protection Against Counterfeiters
  • Malaysian Customs Protection
Types of Marks in Malaysia

Types of Malaysia Trademark Registration are as follows:

  • Word Mark
  • Figurative Mark
  • Combination Mark
  • Three-Dimensional Mark (3D)
  • Sound Mark
  • Color Mark
  • Scent Mark
  • Collective Mark
  • Certification Mark
  • Motion Mark
Documents required

The list of documents required for Malaysia trademark registration are as follows:

  • Trademark Application Form TM-5
  • Name and Address of the Applicant
  • An Affidavit with Attached Trademark Details
  • A Print or Representation of the Trademark
  • A Summary of the Trademark
  • List of Products or Services as per the Nice Classification (NCL)
  • Local Representative Details for Foreign Applicants
  • A Copy of Form 49D for Companies
  • Priority Documents if any
  • Translated Document if any
Who can Apply

The eligibility criteria for Malaysia trademark registration are as follows:

  • Malaysian Individuals
  • Malaysian Corporations
  • Foreign Individuals and Corporations
  • Foreign Entrepreneurs through the Madrid Protocol
Process

The trademark process in Malaysia is as follows:

  • Conduct the Trademark Business Name in Malaysia Search
  • Submission of Application
  • Examination and Gazette Publication
  • Opposition Period
  • Issuance of Malaysia Trademark Registration Certificate
How can we help you
  • 10+ years of experience in the trademark process in Malaysia
  • An extraordinary 99% success rate with Trademark registration service in Malaysia
  • Supported 1000+ brands with Trademark Registration in Malaysia
  • End-to-end support in trademark monitoring
  • Speedy filing of Malaysia Trademark Registration Application
  • Access to in-house intellectual property expert counsel team
  • 24x7 availability of experts for Trademark Registration in Malaysia
  • 100% transparency in fees for Trademark Registration in Malaysia
  • Guaranteed Post-registration assistance for Malaysia TM Registration
  • Ensures procuring compliance with Malaysia’s intellectual property laws

Secure Your Brand Value with Malaysia Trademark Registration

Protect your brand in the diversified economy of the world with the Malaysia trademark registration. Register a trademark in Malaysia with Enterslice.

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Understanding Trademark Registration in Malaysia

Trademark registration in Malaysia ensures the legal protection of a brand’s recognition. It helps entrepreneurs and businesses who are looking to apply for a Trademark in Malaysia establish a strong market presence in the emerging economic market of a developing country with a gross domestic product (GDP) of US$1.705 trillion coupled with its powerful global presence.

Trademark registration in Malaysia provides a 10-year long-term trademark registration protection with a speedy renewal process after the expiration of the registered trademark license for trade mark registration in Malaysia.

The Trademarks, of 2019 is the primary law that governs the registration and protection of trademarks such as Word, Figurative, Combination, Three-Dimensional (3D), Sound, Color, Scent, Collective, Certification, Series, and Motion marks. The law also cancels trademarks that aren’t in use for 3 years post the initial trademark registration upon receiving the trademark registration cancellation application.

Malaysia complies with the Paris Convention, Madrid Protocol, Nice Agreement, and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs).

Distinct Brand Identity

Security Against Counterfeiters

Trademark Registration Validity for 10 Years

Worldwide Trademark Protection

Speedy Renewal Process

100% Transparency in Fees

Malaysian Customs Protection

Prevent Trademark Infringement

Benefits of Trademark registration in Malaysia

Trademark registration in Malaysia provides several benefits, such as legal protection and exclusive rights. The benefits of trademark registration in Malaysia are as follows:

malaysia trademark registration benefits

Brand Recognition

Trade Mark Registration in Malaysia provides brand recognition through its unique identity, which helps build the customer’s trust and credibility. Trade Mark Registration in Malaysia helps create brand loyalty with customers in Malaysia’s diverse consumer markets.

Business Growth

Trade Mark Registration in Malaysia helps business expansion by granting exclusive rights to their brand, allowing competitive advantage in Malaysia’s emerging economic markets, building customer trust, and enhancing asset valuation through the way of licensing, franchising, and mergers & acquisitions.

International Trademark Security

Trademark Registration in Malaysia authorizes the owner to obtain international trademark protection in the global market through the Madrid Protocol. Trade Mark Registration in Malaysia helps the owner to expand the brand into the global market with a single-window application system through The World Intellectual Property Organization (WIPO).

Exclusive Rights

Trade Mark Registration in Malaysia provides exclusive rights to the owner by authorizing them with legal rights of goods and services for various business purposes such as franchising, licensing, and mergers & acquisitions. It further helps restrict the unauthorized use of counterfeiting goods and services.

Asset Creation

Trade Mark Registration in Malaysia increases the brand value of a product or service, thereby making it an intangible asset for individual entrepreneurs and businesses. A trademark owner can sell, license, and franchise a registered trademark. Trade Mark Registration in Malaysia also helps in increasing the brand credibility, which helps the owners with promising investments.

Legal Protection Against Counterfeiters

An entrepreneur who opts to apply for a trademark in Malaysia gets legal protection through the Trademarks Act, of 2019, against the unauthorized use of registered trademarks by counterfeiters. The trademark owner is entitled to file lawsuits and claim damages against the unauthorized use of their trademarks.

Malaysian Customs Protection

Trade Mark Registration in Malaysia helps the owners prevent the import of counterfeited goods into Malaysian territory with the help of Malaysian Customs Authorities. The owner must apply for a Trademark in Malaysia with the Intellectual Property Corporation of Malaysia (MyIPO) to get approval for the seizure of the goods by the customs authority.

Process for Trademark Registration in Malaysia

Malaysia trademark registration is an easy and fast process. The process for the trademark registration in Malaysia is as follows:

Conduct the Trademark Business Name in Malaysia Search

The applicant must conduct a proper trademark business name in Malaysia search through the Intellectual Property Corporation of Malaysia (MyIPO) online trademark database to check the availability of the desired trademark business name in Malaysia.

Submission of Application

The applicant must submit the trademark registration application Form TM-5 with necessary documents such as identification details, description of the trademark, and other important documents with the Intellectual Property Corporation of Malaysia (MyIPO) online or by paper.

Examination and Gazette Publication

The Intellectual Property Corporation of Malaysia (MyIPO) to conducts the formal and extensive examination of the application then publishes it on MyIPO's Online Journal upon the successful trademark application approval.

Opposition Period

The Intellectual Property Corporation of Malaysia (MyIPO) allows a Malaysia trademark registration opposition period for third parties to file oppositions against the newly published trademark in MyIPO’s online journal.

Issuance of Malaysia Trademark Registration Certificate

The Intellectual Property Corporation of Malaysia (MyIPO) issues the trademark registration certificate authorizing the applicant with the exclusive ownership of the trademark.

Time Frame for Trade Mark Registration in Malaysia

The time frame for Malaysia Trademark Registration usually takes around 12-18 months. The timeline for trade mark registration in Malaysia is as follows:

Trademark Search: 2 to 3 days

It takes around 2 to 3 days for the applicant to conduct a Malaysia trademark name search through the Intellectual Property Corporation of Malaysia (MyIPO) online trademark database.

Trademark Application Submission: 1 to 3 days

It takes around 1 to 3 days for the applicant to submit the Malaysia trademark registration application Form TM-5 online or on paper with the necessary documents to the Intellectual Property Corporation of Malaysia (MyIPO).

Examination and Gazette Publication: 6 to 12 months

The Intellectual Property Corporation of Malaysia (MyIPO) takes 6 to 12 months to conduct a formal and extensive examination of the application and then publishes it in MyIPO's Online Journal upon successful trademark application approval.

Opposition Period: 8 weeks

The Intellectual Property Corporation of Malaysia (MyIPO) allows an 8-week trademark registration opposition period for third parties to file oppositions against the newly published trademark in MyIPO’s online journal.

Issuance of Trademark Registration Certificate: 1 to 3 months

The Intellectual Property Corporation of Malaysia (MyIPO) takes around 1 to 3 months to issue the Malaysia Trademark Registration certificate to the applicant.

Documents Required for Trademark Registration in Malaysia

The list of documents that are required for trademark registration in Malaysia are as follows:

Trademark Application Form TM-5

Name and Address of the Applicant

An Affidavit with Attached Trademark Details

A Print or Representation of the Trademark

A Summary of the Trademark

List of Products or Services as per the Nice Classification (NCL)

Local Representative Details for Foreign Applicants

A Copy of Form 49D for Companies

Priority Documents, if any

Translated Document, if any

Is Malaysia Trademark Registration Eligible for Renewal?

Yes, Malaysia trademark registration is eligible for renewal. Trademark registration in Malaysia is valid for 10 years from the date of the registration receipt. The applicant must Apply for a Trademark in Malaysia renewal with the Intellectual Property Corporation of Malaysia (MyIPO) by filing Form TME1 either online or on paper within the last six months before the trademark expiration for a nominal fee of MYR1000. The MyIPO also provides a 12-month grace period for applicants to renew their trademark registration in Malaysia by filling out Form TME2 either online or on paper within one month before the grace period expiration with an additional overcharge fee of MYR1200.

The Intellectual Property Corporation of Malaysia (MyIPO) reserves the right to cancel a trademark registration in Malaysia if the applicant fails to renew the trademark registration within the renewal and grace period duration, however the applicant may still recover the trademark registration in Malaysia by filing out the Form TME3 either by online or paper for MYR1500 trademark registration reinstation fee.

Trademark Registration in Malaysia
99% Guaranteed Success

99% Guaranteed Success

Empowered 1000+ Brands

Empowered 1000+ Brands

Quick and Effortless Process

Quick and Effortless Process

200+ Local IP Experts in Malaysia

200+ Local IP Experts in Malaysia

Types of Marks for Trademark Registration in Malaysia

The allotment of different types of marks for Trademark Registration in Malaysia helps entrepreneurs differentiate a product or service from others in the market. The types of trademarks for Malaysia trade mark registration are as follows:

Word Mark

Word Mark

A word mark is a trademark that consists of one or more words, letters, or numbers in a definite format. It protects words and combination of words, letters, or numbers. An example includes a “Secret Recipe” famous cake shop from Malaysia.

Figurative Mark

Figurative Mark

A figurative mark consists of images, logos, or symbols without any word elements. A figurative mark protects the graphical representation of a brand. An example includes a tiger head design inside the shield by the famous Malaysian automobile industry

Combination Mark

Combination Mark

A composite mark is a trademark that consists of texts and images. It protects both the words and graphical representation of the brand. An example includes the iconic “Gintell”, a healthcare brand that has a combination of words with a logo design.

3D Mark

Three-Dimensional (3D) Mark

A three-dimensional (3D) mark is a trademark that protects the peculiar 3D shape or package of a brand. An example includes the round shape of the famous Kinley mineral water with its distinct blue and white color placement.

Sound Mark

Sound Mark

A sound mark is a trademark that protects specific sounds or a mixture of sounds of products and services. Sound marks are common in the entertainment, financial, and technology industries. An example includes the famous MGM lion roar and Yahoo’s iconic yodel sound effect.

Color Mark

Color Mark

A color mark is a trademark that protects the specific colors or mixture of colors of a product or service. A color mark is more common in the food and beverage industry. An example includes a distinct shade of purple on the famous Cadbury chocolate packaging.

Scent Mark

Scent Mark

A scent mark is a trademark that protects the specific scent of a product or service. It is an uncommon trademark because of the difficulties that are associated with the registration of the same.

Collective Mark

Collective Mark

A collective mark is a trademark that protects a mark, which is collectively used by a group of companies or associations. This type of trademark enables the group or association to demonstrate their obedience to certain standards. An example includes the collective use of the abbreviation CPA by certified public accountants in Malaysia.

Certification Mark

Certification Mark

A certification mark is a trademark that is used to specify that a product meets certain standards, which relate to the quality, manufacturing, and origin of the product. Some examples include geographical indications (GI) and the iconic Organic Malaysia trademark that is used for authentic organic products.

Series Marks

Series Marks

A service mark is a trademark that consists of similar marks in one registration. Entrepreneurs can register up to six trademarks in one registration as per Malaysian law. A common example includes the Fanta Orange and Fanta Apple.

Motion Marks

Motion Marks

A motion mark is a trademark that consists of moving logos and images. It protects the peculiar sequence of moving images and patterns. An example includes the iconic moving window logo by Microsoft Inc.

Checklist- Who can Register a Trademark in Malaysia?

Applicants need to understand how to Register a Trade Mark in Malaysia before applying for trademark registration in Malaysia. The checklist to register a trademark in Malaysia is as follows:

  • Malaysian Individuals: Malaysian natural citizens who are involved in any commercial, industrial, or service business are eligible to register a trademark in Malaysia.
  • Malaysian Corporations: Malaysian corporations that are involved in any commercial, industrial, or service business, are eligible to register a trademark in Malaysia.
  • Foreign Individuals and Corporations: All foreign individuals and corporations that are involved in any commercial, industrial, or service business, are eligible to register a trademark through a trademark attorney in Malaysia.
  • Foreign Entrepreneurs through the Madrid Protocol: Foreign entrepreneurs who are involved in any commercial, industrial, or service business, are eligible to register a trademark in a single application through the Madrid Protocol.

Industries Required for Trademark Registration in Malaysia

All industries that produce goods and services with a distinctive identity must register a trade mark in Malaysia.

Top Industries that require Trademark Registration in Malaysia

  • Food and Beverage Industry
  • Retail and E-commerce Industry
  • Software and Technology Industry
  • Healthcare and Pharmaceutical Industry
  • Financial and Insurance Service Industry
  • Automobile and Transportation Industry
  • Tourism Industry
  • Fashion and Cosmetic Industry
  • Telecommunication Industry
  • Manufacturing and Electronic Industry

Business That Needs to Apply for a Trademark in Malaysia

  • Food and Restaurant Chain Business
  • Online Shopping and OTT Business
  • Software Developers and Technology Business
  • Healthcare and Pharmaceutical Business
  • Fintech and Insurance Business
  • Automobile Manufacturers and Transport Business
  • Hotel and Travel Business
  • Fashion and Cosmetic Luxury Business
  • Internet and Mobile Business
  • Manufacturing and Electronic Industry

Post-Registration Compliances for Malaysia Trade Mark Registration

The post-registration compliances for the trade mark registration in Malaysia are as follows:

  • Proper usage of trademark registered in Malaysia
  • Trademark filing of Malaysia renewal application post a 10-year expiration date
  • Preparation of trademark agreement for trade mark registration in MY
  • Change or modification in ownership of registered trademark with the Intellectual Property Corporation of Malaysia (MyIPO)
  • Hold trademark opposition and cancellation
  • Monitor probable infringement of the trademark
  • Maintaining accurate records of trademark usage
  • Maintain post-registration compliance with relevant treaty laws
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Why Trust Enterslice for Trade Mark Registration in Malaysia?

We have a decade of experience in intellectual property registration. Enterslice helps businesses and global entrepreneurs get easy and cost-effective trademark registration in Malaysia. We make the trademark registration process in Malaysia simple and hassle-free. Given below are the key reasons why Enterslice should be your first choice for Trade Mark Registration in Malaysia:

  • 10+ years of proven experience in the trademark process in Malaysia
  • 99% success rate with Trademark registration service in Malaysia
  • Supported 1k+ brands with Trademark Registration in Malaysia
  • End-to-end support in trademark monitoring
  • Speedy filing of Malaysia Trademark Registration Application
  • Access to in-house intellectual property expert counsel team
  • 100% transparency in fees for Trademark Registration in Malaysia
  • Guaranteed Post-registration assistance for Malaysia TM Registration
  • Offers 24x7 dedicated customer support for Trademark Registration in Malaysia
  • Ensures procuring compliance with Malaysia’s intellectual property laws
  • Trademark registration across 10,000+ jurisdictions across the globe

Frequently Asked Questions

A trademark is a distinctive identifiable sign, expression, or symbol that connotes a product or service. It is used for brand identity and recognition of a product or service. A trademark enables entrepreneurs with exclusive rights to their products.

The different types of trademark registration in Malaysia are as follows:

  • Word Mark
  • Figurative Mark
  • Combination Mark
  • Three-Dimensional Mark (3D)
  • Sound Mark
  • Color Mark
  • Scent Mark
  • Collective Mark
  • Certification Mark
  • Motion Mark

Trademark registration in Malaysia costs start from $80. There are additional costs with respect to the hiring of agents and the classification of more than two classes of goods.

The benefits of Malaysia Trademark Registration are as follows:

  • Brand Recognition
  • Business Growth
  • International Trademark Security
  • Exclusive Rights
  • Asset Creation
  • Legal Protection Against Counterfeiters
  • Malaysian Customs Protection

The documents that are required for trademark registration in Malaysia are as follows:

  • Trademark Application Form TM-5
  • Name and Address of the Applicant
  • An Affidavit with Attached Trademark Details
  • A Print or Representation of the Trademark
  • A Summary of the Trademark
  • List of Products or Services as per the Nice Classification (NCL)
  • Local Representative Details for Foreign Applicants
  • A Copy of Form 49D for Companies
  • Priority Documents, if any
  • Translated Document, if any

The eligibility criteria for Malaysia trademark registration are as follows:

  • Malaysian Individuals
  • Malaysian Corporations
  • Foreign Individuals and Corporations
  • Foreign Entrepreneurs through the Madrid Protocol

Businesses that require trademark registration in Malaysia are as follows:

  • Food and Restaurant Chain Business
  • Online Shopping Business
  • Software Developers and Technology Business
  • Healthcare and Pharmaceutical Business
  • Fintech and Insurance Business
  • Automobile Manufacturers and Transport Business
  • Hotel and Travel Business
  • Fashion and Cosmetic Luxury Business
  • Internet and Mobile Business
  • Manufacturing and Electronic Industry 

The time frame for trade mark registration in Malaysia is as follows:

  • Trademark Search: 2 to 3 days
  • Trademark Application Submission: 1 to 3 days
  • Examination and Gazette Publication: 6 to 12 months
  • Opposition Period: 8 weeks
  • Issuance of Trademark Registration Certificate: 1 to 3 months

The procedure for trade mark registration in Malaysia is as follows:

  • Step-1: Conduct the Trademark Business Name in Malaysia Search.
  • Step 2: Submission of Application.
  • Step-3: Examination and Gazette Publication.
  • Step-4: Opposition Period.
  • Step-5: Issuance of Malaysia Trademark Registration Certificate.

The Intellectual Property Corporation of Malaysia (MyIPO) is the primary trademark authority in Malaysia that provides trademark services such as trademarking business names through their online database, reviewing, approving, and publishing trademark applications, allowing trademark oppositions, renewing trademark registrations and related activities for entrepreneurs who want to register a Trade Mark in Malaysia.

The trademark registration in Malaysia provides a 10-year long-term trademark registration protection with a speedy renewal process after the expiration of the registered trademark license for trade mark registration in Malaysia.

The Intellectual Property Corporation of Malaysia (MyIPO) provides a 12-month grace period for applicants to renew the trademark registration in Malaysia by filling out Form TME2 either online or on paper within one month before the grace-period expiration with an additional overcharge fee of MYR1200.

Yes, the Intellectual Property Corporation of Malaysia (MyIPO) can reinstate a cancelled trademark after the grace period expiration, but the trademark authority requires the applicant to fill out Form TME3 either online or on paper for the MYR1500 trademark registration reinstation fee.

The Intellectual Property Corporation of Malaysia (MyIPO) has prescribed an 8-week time limit from the trademark's official publication in MyIPO’s online journal for third parties to file objections against the newly published trademark.

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