The short answer
To register a trademark in Malaysia, file an application with the Intellectual Property Corporation of Malaysia (MyIPO) under the Trademarks Act 2019. Applicants outside Malaysia must appoint a registered trademark agent. The filing fee is RM950 per class from the pre-approved goods list, or RM1,100 for a custom list. Opposition runs 2 months from publication. A registration lasts 10 years and, once registered, counts from the filing date.
Trademark deadlines in Malaysia at a glance
| Question | Answer for Malaysia |
|---|---|
| How long does a registration last? | 10 years, renewable for further 10-year periods (Section 39) |
| Which date does the term count from? | The Act counts 10 years from the date of registration, and Section 36 says the trademark is registered as of the filing date. So in practice count from the filing date |
| When can I renew? | MyIPO accepts renewal in the 6 months before the end of the registration (Form TME1) |
| Is there a grace period? | Yes. A request within 6 months after expiry is accepted with a surcharge (Section 39(5), Form TME2) |
| What if I miss that too? | The mark is deemed removed. You can ask to restore it within 6 months of removal (Form TME3). After that the registration ceases (Section 39(9)-(10)) |
| Opposition period | 2 months from publication, which the Registrar may extend by up to 2 more months (Regulation 23) |
| Priority period | 6 months from the first Convention filing (Section 26) |
| Non-use revocation | By the Court after 3 years without genuine use in Malaysia (Section 46) |
| Assignment | In writing, signed by both parties, and recorded. Until recorded it is ineffective against a person who acquires a conflicting interest in ignorance of it (Sections 64 and 65) |
| Change of name or address | On request with the prescribed fee (Sections 42 and 43) |
| Reply to a provisional refusal | The written notice gives the applicant a chance to make representations or amend (Section 29(5)) |
Who can apply for a trademark in Malaysia?
Any individual or business that uses or intends to use a mark can apply. You can file online through the MyIPO IP Online Portal, or on paper in two copies. A mark may be filed in several classes in one application.
Applicants in Malaysia
Address for service
Every applicant must give an address for service in Malaysia (Section 151). The Registrar may refuse to proceed without one.
Applicants abroad
Registered trademark agent
If you do not reside or carry on business in Malaysia, you must appoint and authorise a registered trademark agent to act for you (Section 151(6)).
Trademark registration in Malaysia: the steps
Preliminary advice and search
- MyIPO offers Preliminary Advice and Search (Form TMA1), with fees from RM250
- It shows identical or similar marks before you spend the filing fee
File the application
- Choose goods and services from the pre-approved list for the lower fee
- The mark on paper must be no larger than 10 cm x 10 cm
- A series of marks costs RM50 for the second and each later mark
- You can claim Convention priority within six months of your first filing (Section 26)
Examination
- The Registrar examines the application and searches earlier trademarks (Section 29)
- If it meets the requirements it is accepted. If not, you receive a written provisional refusal and may make representations or amend the application
Publication
- An accepted application is published in the Intellectual Property Official Journal (Section 31)
Opposition window
- Any person may oppose within 2 months of publication (Regulation 23(1))
- The Registrar may extend the time by up to a further 2 months (Regulation 23(2))
- If opposed, the applicant files a counter-statement and both sides give evidence
Registration
- If there is no opposition, or it fails, the trademark is registered and the Registrar issues a notification of registration
- The registration date is deemed to be the filing date (Section 36). A certificate is issued on request and for a fee
Timing. The Malaysian government portal reports about 6 to 8 months when there are no objections. Objections and oppositions add time.
| MyIPO official fee | Amount |
|---|---|
| Preliminary advice and search (TMA1) | From RM250 |
| Filing, pre-approved list (per class) | RM950 |
| Filing, not pre-approved (per class) | RM1,100 |
| Each extra mark in a series | RM50 |
| Renewal (TME1) | RM1,000 |
| Late renewal (TME2) | RM1,200 |
| Re-entry after removal (TME3) | RM1,500 |
Fees are taken from the MyIPO website and can change. Lawyer or agent fees are extra.
How long does a registration last, and how does renewal work?
Under Section 39 a registration lasts 10 years and can be renewed for further periods of 10 years. Section 36 treats the registration date as the filing date, so count the term from the day you filed.
- MyIPO accepts a renewal request in the 6 months before the registration ends
- A request made on or before expiry pays the renewal fee only
- A request within 6 months after expiry pays the renewal fee plus a surcharge
- If it is not renewed, the trademark is deemed removed. You can ask to re-enter it within 6 months of removal, on Form TME3
- Renewal takes effect from the expiry of the previous registration (Section 39(7))
Do not rely on the grace period. File the renewal before the expiry date.
Assignment, licence, and change of name or address
Assignment
Written, signed, recorded
A registered trademark can be assigned with or without the goodwill of the business, in whole or for some of the goods or services. The assignment must be in writing and signed by both parties (Section 64). Record it with the Registrar. Until it is recorded, it is ineffective against a person who acquires a conflicting interest in ignorance of it, and the new owner cannot claim damages for infringement before the recordal application (Section 65).
Name or address
Alteration and correction
The Registrar may allow a change of the proprietor's name or address in the register on request and with the prescribed fee. The change must not affect the identity of the trademark (Sections 42 and 43).
Licence
Record it too
A licence can be recorded under the same Part of the Act. The recordal rules on ineffectiveness against third parties do not apply to licences (Section 65(4)).
Voluntary cancellation
Section 44
The proprietor can ask the Registrar to cancel the registration for some or all goods or services, on request and with the fee.
Use it, or risk revocation
Non-use
Revocation after 3 years
The Court can revoke a registration if the mark was not put to genuine use in Malaysia within 3 years of registration, or if use has been suspended for an uninterrupted 3 years, without proper reasons (Section 46).
Invalidity
Section 47
A registration can be declared invalid on the grounds in the Act. A person with sufficient interest can also apply to the Court to correct an error in the register, but not on a matter that affects validity (Section 43(5)-(6)).
Madrid Protocol
International route
The Trademarks Act 2019 includes provisions for the Madrid Protocol, so an international registration can designate Malaysia. Local filing remains the simpler route for a Malaysia-only brand.
How to check the status of a trademark in Malaysia
- Search the register through MyIPO's online trademark search in the IP Online Portal
- Accepted applications and renewals are published in the Intellectual Property Official Journal, which also starts the 2-month opposition period
- MyIPO's Preliminary Advice and Search service (Form TMA1, from RM250) gives you an assessment before you file
Sources used
Trademarks Act 2019 (Act 815) and Trademarks Regulations 2019 on WIPO Lex, and the MyIPO pages Applying for a Trademark and Managing your Trademark. Fees and timelines change, so confirm them before filing.
Trademark registration in Malaysia: common questions
How long is a trademark valid in Malaysia, and from when is it counted?
Ten years. The Act counts the term from the registration date, but Section 36 treats the registration date as the filing date, so count from the day you filed.
When should I renew a Malaysian trademark, and is there a grace period?
MyIPO accepts renewal in the 6 months before the registration ends. A request within 6 months after expiry is accepted with a surcharge. After that the mark is deemed removed, and restoration is possible within 6 months of removal.
How long is the opposition period in Malaysia?
Two months from publication, which the Registrar may extend by up to two more months.
How long does trademark registration take in Malaysia?
The Malaysian government portal reports about 6 to 8 months with no objections. Objections or an opposition add time.
How much does it cost to file a trademark in Malaysia?
MyIPO lists RM950 per class for goods and services from the pre-approved list and RM1,100 per class otherwise. Agent fees are extra.
Can a foreign company register a trademark in Malaysia?
Yes. A person who does not reside or carry on business in Malaysia must appoint a registered trademark agent (Section 151(6)).
How do I assign a Malaysian trademark?
Put the assignment in writing, signed by both parties, and record it with the Registrar. Until it is recorded it is ineffective against a person who acquires a conflicting interest in ignorance of it.
How do I change the name or address on a Malaysian trademark?
Apply to the Registrar with the prescribed fee. The Registrar may allow the change of the proprietor's name or address under Sections 42 and 43.
Can a trademark be revoked for non-use in Malaysia?
Yes. The Court can revoke a registration after 3 years without genuine use in Malaysia, unless there are proper reasons.
How do I check the status of a trademark in Malaysia?
Use MyIPO's online trademark search in the IP Online Portal, and the Intellectual Property Official Journal.
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