Trademark Application in Malaysia

🇲🇾 Trademark Application in Malaysia

Introduction

A trademark is a symbol, word, phrase, logo, or combination thereof used to identify the goods or services of a business and distinguish them from competitors. In Malaysia, trademarks are protected under the Trademarks Act 2019, and registration is administered by the Intellectual Property Corporation of Malaysia (MyIPO).

Registering a trademark gives a company exclusive rights to use, license, and enforce its mark, helping to build brand identity, customer trust, and long-term intellectual property protection.
 

✅ Why Register a Trademark in Malaysia?

• Exclusive Rights: Prevent others from using your brand, logo, or name.

• Legal Protection: Enforce your rights against infringers through legal action.

• Brand Value: A registered trademark becomes a valuable intangible asset.

• Nationwide Recognition: Your brand is officially recognized across Malaysia.

• Franchising & Licensing: Easier to expand your business using your protected mark.
   

📝 What Can Be Registered as a Trademark?

You can register any distinctive mark that helps identify your goods or services, including:

• Words or names

• Logos or symbols

• Letters, numbers, or combinations

• Slogans and taglines

• Packaging or product shapes

• Sound marks or motion marks (with sufficient distinctiveness)
   

❌ What Cannot Be Registered?

• Marks that are deceptive or misleading

• Generic or common terms

• Offensive or contrary to public morality

• Identical/similar marks already registered

• Marks without distinctive character
   

📋 Trademark Registration Process in Malaysia

1. Preliminary Search

   • Ensure your proposed trademark is unique and not already registered.

   • Conduct a similarity check on the MyIPO database.

2. Trademark Application

   • File Form TM5 with relevant details:

     • Owner’s name & address

     • Trademark representation (word/logo)

     • Goods or services classification (based on NICE classification)

   • Pay the official filing fee.

3. Formal Examination

   • MyIPO checks that your application meets all legal and procedural requirements.

4. Substantive Examination

   • Review for conflicts, distinctiveness, and compliance with the Trademarks Act.

5. Publication & Opposition

   • Trademark is published in the IP Official Journal.

   • Open to third-party opposition within 2 months.

6. Registration

   • If no opposition (or opposition is resolved), the trademark is registered and a Certificate of Registration is issued.
      

📅 Timeline

The full trademark registration process typically takes 12–18 months (depending on objections and oppositions).

 

📆 Validity & Renewal

• A Malaysian trademark is valid for 10 years from the filing date.

• It is renewable indefinitely every 10 years with payment of renewal fees.
   

💼 Who Can Apply?

• Malaysian citizens and companies

• Foreign companies or individuals (must appoint a local registered agent)
   

🤝 Our Services: Trademark Registration Support

We provide end-to-end support for your trademark registration:

• 📌 Trademark search & risk assessment

• 📌 Preparation & filing of TM5 application

• 📌 Handling objections & oppositions (if any)

• 📌 Trademark renewal & enforcement advisory

• 📌 Assistance with international registration via Madrid Protocol (if applicable)
   

💡 Why Choose Us?

• ✅ Experienced & licensed IP agents

• ✅ Transparent fees, fast service

• ✅ In-depth knowledge of MyIPO procedures

• ✅ Personalized trademark strategy for your brand
   

💬 Ready to Protect Your Brand?

Let us help you secure your brand identity in Malaysia.
Contact us today to start your Trademark Application journey.