Trademarks Law in Malaysia
Certainly! Here’s a detailed overview of Trademark Law in Malaysia:
Trademark Law in Malaysia
Legal Framework
Trademark protection in Malaysia is governed by the Trademarks Act 2019 (which replaced the 1976 Act), and the Trademarks Regulations 2019.
The Intellectual Property Corporation of Malaysia (MyIPO) is the authority responsible for trademark registration and administration.
Malaysia is a member of key international IP treaties including:
Paris Convention
Madrid Protocol
TRIPS Agreement
WIPO treaties
Key Features
1. What Can Be Registered?
Any visible sign capable of distinguishing goods or services, such as:
Words, letters, numerals
Logos, designs, symbols
Shapes, colors, holograms, sounds (under certain conditions)
2. Types of Trademarks
Ordinary trademarks
Collective marks
Certification marks
Service marks
3. Registration Process
Application filed with MyIPO.
Examination includes:
Formality check
Substantive examination for registrability and distinctiveness
If accepted, the application is published in the Official Journal for opposition.
Opposition period: 2 months from publication (extendable).
If no opposition or opposition fails, trademark registration is granted.
4. Duration and Renewal
Registration is valid for 10 years from the filing date.
Renewable indefinitely for further 10-year terms.
Renewal application must be filed before expiration, with a grace period and surcharge available.
5. Rights Conferred
Exclusive rights to use the trademark in Malaysia for the registered goods/services.
Right to prevent unauthorized use or infringement.
Right to license, assign, or otherwise deal with the trademark.
6. Infringement and Enforcement
Remedies include injunctions, damages, and destruction of infringing goods.
Criminal sanctions may be imposed for counterfeit goods.
Customs authorities cooperate to prevent import/export of counterfeit items.
Enforcement actions can be pursued through civil and criminal courts.
7. International Treaties
Malaysia is a party to:
Paris Convention
Madrid Protocol (enabling international registration via WIPO)
TRIPS Agreement
WIPO treaties
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Trademarks Act 2019 |
| Registration Authority | Intellectual Property Corporation of Malaysia (MyIPO) |
| Protection Duration | 10 years, renewable |
| International Systems | Paris Convention, Madrid Protocol |
| Enforcement | Civil and criminal remedies; customs actions |
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