Registering Trademarks and Patents in Malaysia

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Malaysia is a well-connected manufacturing and trading economy, with English widely used in business. Its intellectual property system is modern and predictable, but rights are territorial: you need Malaysian registrations to be protected in Malaysia.

1. Trademarks

• Authority: the Intellectual Property Corporation of Malaysia (MyIPO), under the Trademarks Act 2019.
• Routes: a national application (multi-class applications are possible), or an international registration designating Malaysia under the Madrid Protocol. Foreign applicants without a local address act through a registered Malaysian trademark agent.
• Procedure: examination, publication in the official journal and a two-month opposition period. Without objections, registration commonly takes around 12 to 18 months.
• Term: 10 years, renewable indefinitely. Marks not used for three consecutive years can be removed for non-use.
• Non-traditional marks: shapes, colours, sounds and scents can be registered if they are distinctive.

2. Patents and utility innovations

• Patents: 20 years from filing for inventions that are new, inventive and industrially applicable.
• Utility innovations: a lighter right for incremental improvements that do not need an inventive step, with an initial term of 10 years that can be extended subject to use.
• Routes: a national application, a Paris Convention priority filing within 12 months, or PCT national phase entry.
• Examination: substantive examination must be requested within the deadline. Modified examination, relying on a grant from certain other patent offices, can speed things up.

3. Industrial designs

Registered designs protect the appearance of a product for an initial five years, renewable in five-year periods up to a maximum of 25 years. File before disclosing the design publicly.

4. Practical tips

• Run a clearance search before launch, including Malay and Chinese-character versions of your brand if you will use them.
• Register in your own company’s name before appointing distributors, and include IP ownership clauses in your contracts.
• Keep dated evidence of use in Malaysia to defend against non-use actions.
• Consider customs recordal and online marketplace takedown procedures to fight counterfeits.

The views expressed are personal and do not necessarily represent the position of NET CRAMAN. This article is for general information only and does not constitute legal advice. Rules change over time; seek specific advice before acting.