How to Register a Trademark in Malaysia

After incorporating your company, you can proceed to trademark your company’s logo or symbol. One of the reasons to trademark your logo or symbol is to ensure that other brands do not have the rights to your brand identity. Any similar brand icons could potentially be damaging to your business, should that company has an unfavourable reputation.

A trademark is a symbol which serve to differentiate the goods or services created or offered by one business from those of other firms. There is no requirement for any business to begin using a trademark at any time. However, the registration of a trademark is very much advised because such registration provides distinct benefits beyond those gained by those who have not undergone the process of trademark registration.

They therefore serve to establish the image and reputation of the goods of the business. This would then lead to consumers developing an attachment to certain brands based on several desired qualities and characteristics embodied in those trademarks. Trademarks also provide an opportunity for businesses to continuously preserve, improve, and enhance of the quality of their products in order to maintain the positive reputation of items bearing the company’s name.

Due to the value and importance of a trademark in determining the market success of a product, it is essential for every company in Malaysia to ensure that all trademarks related to the company have been registered accordingly.

In Malaysia, trademark rights can be gained by registration. To register for trademark rights, one is required to submit the relevant application form (Form TM5) to the Intellectual Property Corporation of Malaysia (MyIPO). Doing so will bring about the registration of a trademark in Malaysia.

Selecting a suitable trademark is crucial because a trademark is an important element in the marketing strategy of any company. Trademarks which are fit for use are those which fulfil:

Examples include:

The first step of registering a trademark in Malaysia is that of application. When a person makes such an application, some of the details to be included are:

A payment of RM250 must also be made for the completion of Form TM5. An applicant may submit an application for a trademark on the website of MyIPO (https://www.myipo.gov.my/en/apply-for-trade-marks/)

The newly registered trademark will be active for 10 years from the date of application. Registered trademarks in Malaysia can even be renewed on a permanent basis if the trademark has not been used for a duration of three years.

The length of registering a trademark takes roughly eighteen months.

As it takes roughly eighteen months to register a trademark, those who would like to register a trademark in Malaysia are encouraged to apply as soon as possible. The procedure takes so long to ensure that once it is registered in the system, it stays there with no mishaps.

The procedure can be summarised as follows (taken from MyIPO website):

Depending on the fee code, the application cost for a trademark can either be 900RM (TMA2A) or 1100RM (TMA2B).

However, there are certain costs which are to be taken into consideration at all times due to their importance. The production of a symbol to be used as a trademark may be of significant costs if such production is outsourced. Trademark acquisition costs may also apply. These costs include the fees payable to MyIPO during the submission of an application as well as after the acceptance of the publication application.

Having a trademark is what differentiates your business from others. It is especially important for industries where there are numerous substitutes available. Every business should regardless try to register for a trademark, it is your intellectual property in which you should uphold.