(in partnership with Tee IP)
Secure your business identity with help from a qualified team of registered trademark agents and qualified IP professionals.
Expert trademark services within Malaysia from start to finish.
What Is A Trademark?
The term 'trademark' refers to a recognisable insignia, phrase, word, or symbol that denotes a specific product or service and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand.
In simple English: it's a text or visual element that has become synonymous with your company, giving you the legal right to prohibit potential competitors from using it to deceive customers.
What Can Be Trademarked In Malaysia?
The Intellectual Property Corporation of Malaysia (MyIPO) recognises 45 classes of trademarks which can be separated into two (2) main categories:
Goods (TM) : Class 1 – Class 34
Services (SM) : Class 35 – Class 45
List Of Trademark Classes
Cosmetics & Cleaning Preparations Class
Lubricants and Fuels
Electrical and Scientific Apparatus
Environmental Control Apparatus
Paper Goods & Printed Matter
Non-Metallic Building Materials
Furniture and Articles Not Otherwise Classified
Housewares and Glass
Cordage and Fibres
Yarns and Threads
Toys and Sporting Goods
Meats and Processed Foods
Natural Agricultural Products
Wines and Spirits
Advertising and Business
Insurance and Financial
Construction & Repair
Transportation and Storage
Education and Entertainment
Computer, Scientific and Legal
Hotels and Restaurants
Medical, Beauty and Agricultural
What Cannot Be Trademarked In Malaysia?
If the use of which is likely to confuse or deceive the public or contrary to law.
Scandalous or offensive matter
If it contains or comprises any scandalous or offensive matter or would not otherwise be entitled to protection in any court of law.
Prejudicial to the interest or security of the nation
If it might be prejudicial to the interest or security of the nation, for example a mark containing a potentially inflammatory statement or word.
What Criteria Must Be Met For Trademark Approval?
Steps In The Malaysian Trademark Application Process
A thorough comparison of local marks to check for any established trademarks that bear a resemblance.
Done via the respective Trademark Office.
The Trademark Office will examine the application for statutory compliances and notify the applicant of any further action required.
The trademark is published in a government gazette subject to the satisfaction of the registrar. Third parties have three months to oppose the application.
On completion of objections and opposition and payment of RM fee, a Certificate of Registration will be issued by the Trademark Office.
Once registered, a trademark is valid for ten (10) years and can be renewed for another ten (10) years indefinitely.
Frequently Asked Questions
Traditionally, distinctive logos, symbols, images, names, signatures, words, letters, numerals or any combination thereof may be trademarked.
Non-Traditional Marks (NTMs) such as smells, sounds, colours, shapes, moving images, tastes and textures are now also registrable in Malaysia.
No, trademark law confers ownership based on a first-use basis, irrespective of creator.
Although usage alone provides a measure of protection, registration with MyIPO provides your business with the most comprehensive trademark protection.
It is not compulsory, as an unregistered mark is still protected by law. However, it is highly advisable to register your trademark, as registration provides additional advantages and protection. It also makes it easier for you to enforce your trade mark right.
A registered trademark enjoys some presumption of rights which makes it much easier to bring a case against an offending party, while unregistered marks have a bigger burden of proof to demonstrate a sufficient level of goodwill and reputation in Malaysia.
Effectively, yes. A trademark search allows you to verify that the mark you intend to register is available for registration in Malaysia, and that there are no existing trademarks that are too similar.
If your trade mark happens to be identical, or confusingly similar to another registered trademark, then chances are, you might not be able to register it. Consult our trade mark agent to advise you how to go about it.
Usually it may take between 1 - 3 years, depending on the complexity of the trade mark you are filing for registration.
The registration will be valid for ten (10) years from the date of filing of the trademark and can be renewed for a further ten (10) years indefinitely.
No, trademark protection is territorial in nature. Your Malaysian trademark is not valid in other countries, and you will need to apply for a trademark there instead.
Yes, as owner, you may choose to licence or assign the trademark.