Registering your brand—formally known as a trademark—in Malaysia is a critical step for securing exclusive rights, building consumer trust, and protecting your business from counterfeiters. Managed by the Intellectual Property Corporation of Malaysia (MyIPO), the process is straightforward but requires meticulous attention to detail.
Why Trademark Registration is Essential
A registered trademark is a valuable intangible asset that grants the owner exclusive rights for 10 years, renewable indefinitely. The benefits include:
Legal Protection: It allows the owner to take legal action (including injunctions and claims for damages) against any third party using an identical or confusingly similar mark.
Brand Recognition: It establishes a unique brand identity, fostering consumer trust and loyalty.
Asset Creation: A registered mark can be licensed, franchised, or sold, significantly enhancing the business's overall valuation.
Global Expansion: Registration in Malaysia is the basic mark required to seek protection in over 130 countries via the Madrid Protocol (the international trademark system).
Step-by-Step Guide to Trademark Registration in Malaysia
The process generally takes 9 to 15 months for a smooth application and is primarily handled through MyIPO.
Step 1: Preliminary Search and Assessment (Crucial)
Before filing, you must ensure your brand is eligible for registration and doesn't conflict with existing marks.
Determine Eligibility: The trademark must be distinctive (not merely descriptive of the goods/services, e.g., "Fresh Coffee" for a coffee shop) and not offensive, misleading, or similar to state symbols. Trademarks can include words, logos, names, sounds, colours, or even the shape of goods/packaging.
Conduct a Search: Use MyIPO’s online database to perform a thorough search. This step is vital to avoid objections and costly delays. You may also apply for Preliminary Advice and Search (PAS) for an initial opinion from the Registrar (Form TMA1, fee approximately RM250).
Step 2: Identify the Correct Class of Goods or Services
Trademark protection is territorial and class-specific.
NICE Classification: Malaysia follows the international NICE Classification system, which categorises goods (Classes 1-34) and services (Classes 35-45).
Classification: You must select the class(es) that accurately represent your business activities. For comprehensive protection, most businesses apply for multiple classes (e.g., Class 25 for "clothing" and Class 35 for "retail services").
Step 3: File the Application with MyIPO
Applications can be submitted online via the MyIPO IP Online Portal or manually at a MyIPO office.
Required Documents/Details:
Full details of the applicant (individual or company).
A high-resolution reproduction of the trademark (not exceeding 10cm x 10cm).
A clear, detailed list of the goods or services covered, grouped by class.
Note: Foreign applicants must appoint a registered Malaysian trademark agent to file on their behalf.
Fees: The government fee starts at approximately RM950 per class for pre-approved lists of goods/services, or RM1,100 per class for custom lists.
Step 4: Examination and Publication
Once filed, the application enters a multi-stage review process:
Formalities Check: MyIPO checks for completeness of all documents and information.
Substantive Examination: The application is examined against the requirements of the Trademarks Act 2019, including distinctiveness and conflict with prior marks. The Registrar may issue an objection, which the applicant must address within a specified timeframe.
Publication: If approved, the trademark is published in the Trademarks Journal for a two-month opposition period.
Step 5: Registration Certificate
If no opposition is filed by a third party (or if an opposition is resolved in the applicant's favour), the trademark proceeds to registration.
Grant of Rights: MyIPO will issue a Notification of Registration and, upon request and payment of a fee, a Certificate of Registration.
Validity: The protection is valid for 10 years from the date the application was filed and is renewable for subsequent 10-year periods.
International Protection via the Madrid Protocol
As a member of the Madrid Protocol, Malaysia provides a convenient route for international protection.
Once your mark is registered (or even applied for) in Malaysia (the basic mark), you can file a single international application through MyIPO, designating any of the member countries where you seek protection, simplifying the process of expanding your brand globally.
To get an idea of the manual filing process for a trademark, you can check out this video: Manual Filing of a Trade Mark Application in Malaysia.
