Trademark Protection
(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
Goods (TM)
Class 1
Chemical
Class 2
Class 3
Cosmetics & Cleaning Preparations Class
Class 4
Lubricants and Fuels
Class 5
Pharmaceuticals
Class 6
Metals Goods
Class 7
Machinery
Class 8
Hand Tools
Class 9
Electrical and Scientific Apparatus
Class 10
Medical Apparatus
Class 11
Environmental Control Apparatus
Class 12
Vehicles
Class 13
Firearms
Class 14
Jewellery
Class 15
Musical Instruments
Class 16
Paper Goods & Printed Matter
Class 17
Rubber Goods
Class 18
Leather Goods
Class 19
Non-Metallic Building Materials
Class 20
Furniture and Articles Not Otherwise Classified
Class 21
Housewares and Glass
Class 22
Cordage and Fibres
Class 23
Yarns and Threads
Class 24
Fabrics
Class 25
Clothing
Class 26
Fancy Goods
Class 27
Floor Coverings
Class 28
Toys and Sporting Goods
Class 29
Meats and Processed Foods
Class 30
Staple Foods
Class 31
Natural Agricultural Products
Class 32
Light Beverages
Class 33
Wines and Spirits
Class 34
Smokers’ Articles
Services (SM)
Class 35
Advertising and Business
Class 36
Insurance and Financial
Class 37
Construction & Repair
Class 38
Communication
Class 39
Transportation and Storage
Class 40
Material Treatment
Class 41
Education and Entertainment
Class 42
Computer, Scientific and Legal
Class 43
Hotels and Restaurants
Class 44
Medical, Beauty and Agricultural
Class 45
Personal
What Cannot Be Trademarked In Malaysia?
Prohibited marks
Scandalous or offensive matter
Prejudicial to the interest or security of the nation
What Criteria Must Be Met For Trademark Approval?
-
Be distinctive
-
Not be prohibited/offensive
-
Not be identical, or confusingly similar to another registered trademark
-
Be capable of being represented graphically (visible)
-
Not be descriptive of the goods/services
Steps In The Malaysian Trademark Application Process
Search
A thorough comparison of local marks to check for any established trademarks that bear a resemblance.
Application Submission
Done via the respective Trademark Office.
Examination/Objection
The Trademark Office will examine the application for statutory compliances and notify the applicant of any further action required.
Publication/Opposition
The trademark is published in a government gazette subject to the satisfaction of the registrar. Third parties have three months to oppose the application.
Approval
On completion of objections and opposition and payment of RM fee, a Certificate of Registration will be issued by the Trademark Office.
Renewal
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.
Got an URGENT question?
Contact us via [email protected] or call +6011-12037291