Trademark Registration Malaysia

Trademark Registration in Malaysia

As an expert in intellectual property registration, Primus IP delivers total protection for your creative ideas, which includes names, words, logos, and slogans to preserve your exclusive rights. We help protect our clientele’s brand by performing trademark registration in Malaysia.

About Primus IP

Based in Kuala Lumpur, Primus IP is an established legal consulting firm in Malaysia, specialising in protecting the intellectual properties of SMEs and large corporations. Catering to your specific IP needs, we offer future-proof solutions ranging from strategic advisory services to litigation support.

The Significance of Trademark Registration in Malaysia

A registered trademark is very important to a brand as it is essentially a unique marker of identity that encapsulates the brand. Trademark helps consumers differentiate your brand from another, influences your company’s reputation, and allows consumers to connect with your brand. Once registered, the owner gains complete and exclusive rights over the trademark and is able to take legal action against unauthorised parties.

Registrable Marks in Malaysia

According to Section 3(1), (2) and (3) of the Trade Mark Act (TMA) 2019, a mark must contain one of the following for it to be registrable:

  • Any sign capable of being represented graphically which is distinguishable;
  • Any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, color, sound, scent, hologram, positioning, sequence of motion or any combination thereof;
  • A collective mark or certification mark;
  • A collective mark which is distinguishable;
  • A certification mark indicating that the goods or services in connection with which it shall be used are certified by the proprietor of the mark.

Non-Registrable Marks in Malaysia

  • A mark which is likely to confuse or deceive the public or is contradictory to law;
  • A mark that contains or consists of any scandalous or offensive matter;
  • A mark which is prejudicial to the Interest or Security of the Nation, for example consisting an inflammatory statement or words.
  • A mark that is identical with an earlier registered mark for identical goods or services.
  • A mark, which consists exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, other characteristics of goods or services or the time of production of goods or rendering of services.

According to Section 3(1), (2) and (3) of the Trade Mark Act (TMA) 2019, a mark must contain one of the following for it to be registrable:

  • Any sign capable of being represented graphically which is distinguishable;
  • Any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, color, sound, scent, hologram, positioning, sequence of motion or any combination thereof;
  • A collective mark or certification mark;
  • A collective mark which is distinguishable;
  • A certification mark indicating that the goods or services in connection with which it shall be used are certified by the proprietor of the mark.

Non-Registrable Marks in Malaysia

  • A mark which is likely to confuse or deceive the public or is contradictory to law;
  • A mark that contains or consists of any scandalous or offensive matter;
  • A mark which is prejudicial to the Interest or Security of the Nation, for example consisting an inflammatory statement or words.
  • A mark that is identical with an earlier registered mark for identical goods or services.
  • A mark, which consists exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, other characteristics of goods or services or the time of production of goods or rendering of services.

Registrable Marks in Malaysia

How to Perform Trademark Registration in Malaysia?

You can file for an application either manually or online. If you prefer to file your trademark manually, head over to MyIPO’s website and read the steps on how to file a trademark manually before submitting your application. Meanwhile, to apply for trademark registration in Malaysia online, visit MyIPO One-Stop Centre and follow the instructions.

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Additional Essential Documents for Trademark Registration in Malaysia

  • Form TMA2A with the trademark to be registered attached;
  • Details of the applicants (individual or company)
  • 1 copy of the priority date claimed (if applicable)
  • If the trademark is not in the form of a roman character, a copy of the transliteration and translation of the said trademark is required

How to Perform Trademark Registration in Malaysia?

You can file for an application either manually or online. If you prefer to file your trademark manually, head over to MyIPO’s website and read the steps on how to file a trademark manually before submitting your application. Meanwhile, to apply for trademark registration in Malaysia online, visit MyIPO One-Stop Centre and follow the instructions.

Additional Essential Documents for Trademark Registration in Malaysia

  • Form TMA2A with the trademark to be registered attached;
  • Details of the applicants (individual or company)
  • 1 copy of the priority date claimed (if applicable)
  • If the trademark is not in the form of a roman character, a copy of the transliteration and translation of the said trademark is required

Protect your brand by filing for trademark registration in Malaysia

Frequently Asked Questions (FAQ)

You can refer to the trademarks forms & fees (Trademark Act 2019) for a detailed explanation.

Your trademark registration in Malaysia will last for 10 years from its filing date. You can then renew your trademark registration 12 months before or until 6 months after your renewal is due. The renewal will provide another 10 years of validity.

Applying for trademark registration in Malaysia can take 12-24 months if you manage to have a smooth registration without objections.