TRADEMARK APPLICATION FILING IN
Malaysia

The Malaysia Intellectual Property Office (MyIPO) is in charge of all Intellectual Property matters and related concerns in the territory of Malaysia. The Malaysia Intellectual Property Office (MyIPO) is an agency that aims to develop and manage the Intellectual Property system in Malaysia. MYIPO provides registration for letters, words, names, signatures, numerals, etc. as trademarks. MyIPO aims to provide a strong & effective mechanism, strengthen Intellectual Property laws, and provide advisory services in the context of Intellectual Property etc. Malaysia operates on a first-to-use basis when it comes to trademark registration, and all the trademarks must comply with the Trademarks Act, 2019.

The trademark registration before the Malaysia Intellectual Property Office (MyIPO) can either be filed through the online portal or via offline mode.  

Multi-class applications are allowed by the Malaysia Intellectual Property Office (MyIPO).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted along with a translation in English within a month from filing.

The process of registering a trademark in Malaysia begins with the submission of the application before the Malaysia Intellectual Property Office (MyIPO). Once the TM application is filed, the application undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the Registrar will issue a notice of refusal and provide two months to reply to the issued notice. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the Malaysian Intellectual Property Official Journal, initiating a two-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings begins when an opponent files a notice of opposition. The applicant will receive the notice, and the MyIPO will assess the admissibility. The applicant is required to submit the counter-reply within two months. Both parties would be called to submit their evidence within two months. Next, the registrar will issue a notice, and written submissions will be submitted within two months. The Registrar will then assess all the submitted documents within a further two months and then make a decision on whether to accept or reject the application. The decision is further appealable to the court.

A trademark registration in Malaysia is valid for a period of ten years. The trademark must be renewed before the end of six months of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within one month after the expiration date with a surcharge.

A registered trademark must be actively used within three years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in Malaysia takes twelve to eighteen months in straightforward cases.

According to the statistics from the World Intellectual Property Organisation, an increase of 30.2% in abroad trademark filings was observed in Malaysia in 2023. Also, according to the WIPO stats report of 2023, Malaysia has positioned itself in 16th place in Asia in trademark filings. Malaysia has placed itself at the 33rd position amongst 133 economies in the Global Innovation Index in the year 2024. Additionally, other developing countries like Japan, the Republic of Korea, and Singapore also request their trademark applications in Malaysia.