Malaysia Trademark Registration Guide: Process, Timeline & Costs

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 have an unfavourable reputation.

This article will provide a guide on your Malaysia trademark registration which covers the process, timeline, and associated costs.

What is a Trademark?

A trademark is a symbol that serves 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.

What Can be Trademarked?

Choosing an appropriate trademark holds paramount importance since it serves as a vital component within a company’s marketing strategy. Before proceeding with trademark registration, however, it’s essential to note several key points outlined in the Malaysian Trademark Act of 2019. The Act stipulates that various types of marks are eligible for registration, including:

• Trademark
• Certification Mark
• Collective Mark

How to Select a Suitable Trademark?

Nonetheless, not all trademarks may be approved. Trademarks that are fit for use are those which fulfill the following conditions:

• All registration requirements of the country in which the company conducts business operations;
• Are not overly similar to any existing trademarks related to similar or identical products;
• Is appropriate for all media types;
• Can easily be written and described;
• Is simple for one to remember;
• Is devoid of any negative connotations in any language; and
• Can be used for the registration of a website domain name for the company in question

Examples include:

• McDonald’s “I’m Lovin’ It”
• Nike’s “Just Do It”

Trademark Protection in Malaysia

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.

Malaysia Trademark Registration Process

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:

• The applicant’s contact details,
• A graphic summary of the brand,
• Details about the goods or services for which the trademark will apply, and
• A properly licensed status declaration.

A payment of RM250 must also be made to complete Form TM5. An applicant may for a trademark on the website of MyIPO

After MyIPO accepts a request, it assigns a submission code. MyIPO will take further steps to record the trademark, of which the first is a formal review of the application form (TM5) after payment is processed.

The formal review is followed by a substantive examination. During this phase, MyIPO examines the application to ensure that all legal registration requirements have been fulfilled.

MyIPO will then send either a letter of approval (TM29 form) or a letter of protest (TM70 form). Should all matters in this phase be duly completed, the applicant will then be required to pay a prescribed publication fee of RM450.

After these payments are made and all necessary accompanying images have been provided, the trademark will be published in Warta Kerajaan (Government Gazette). At this point, anyone who plans to reject the registration of the trademark has a period of two months to do so. Once there are no remaining objections, the trademark will be licensed, and the applicant will receive a registration certificate.

The newly registered trademark will be active for 10 years from the date of application. Registered trademarks in Malaysia can even be renewed consecutively permanently if the renewal fee is paid in due time.

Timeline for Malaysia Trademark Registration

Hence, the length of registering a trademark in Malaysia is roughly eighteen months.

Since the process of registering a trademark typically spans around eighteen months, individuals or entities who have an interest in registering a trademark in Malaysia are advised to submit their applications at the earliest opportunity. This extended duration ensures that once a trademark is entered into the system, it remains there without any unforeseen incidents.

What is the Cost of Trademark Registration in Malaysia?

Depending on the fee code, the application cost for a trademark can be either 950RM (TMA2A) or 1100RM (TMA2B).

However, there are certain costs which should be taken into consideration due to their importance. The production of a symbol to be used as a trademark may be of significant cost 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.

Our thoughts

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 to uphold.

Do note that you should apply for your trademark registration after you have successfully incorporated your company in Malaysia.