Trademark in Malaysia

Trade mark protection is governed by the new Trademarks Act 2019 and the Trademarks Regulations 2019, which came into effect on 27 December 2019 and repealed the Trademarks Act 1976 and the Trademarks Regulations 1997. The administration and practice of these laws come under the purview of the Intellectual Property Corporation of Malaysia. The Act provides protection for registered trademarks and service marks in Malaysia. The proprietor of the trade mark or service mark has the right to deal or assign as well as to license its use. Malaysia in compliance of TRIPS, prohibits registration of well-known marks by any third party (unauthorized user). It also prohibits importation of counterfeit of trade marks.

In addition to TRIPS, Malaysia is also a member of various trademark-related and WIPO-administered treaties, including, among others:

  • the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • the Nice Agreement Concerning the International Classification of Goods and Services
  • the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks; and
  • the Paris Convention for the Protection of Industrial Property.