Peter Desmond Wee
Managing Partner
Your brand is one of your most valuable assets. Here is how to secure it under the Trademarks Act 2019 — from search to registration certificate.
A trademark is the legal embodiment of your brand — the name, logo, slogan or get-up that tells customers a product or service comes from you and no one else. In Malaysia, registration is governed by the Trademarks Act 2019, which modernised the regime and allowed Malaysia to accede to the Madrid Protocol for international filings.
1. Run a clearance search first
Before investing in a brand, search the MyIPO register to confirm your mark is not identical or confusingly similar to an earlier mark in the same class. A proper search reduces the risk of objection, opposition, or an expensive rebrand down the line.
2. Identify the right classes
Goods and services are grouped into 45 classes under the Nice Classification. You only get protection for the classes you file in, so map your current and intended business activities carefully — over-filing wastes fees, under-filing leaves gaps.
3. File the application
- Applicant details and a clear representation of the mark
- The class(es) and specification of goods/services
- A statement of use or intention to use the mark in the course of trade
4. Examination, publication and opposition
The Registrar examines the mark on absolute and relative grounds. If accepted, it is published in the Intellectual Property Official Journal for two months, during which third parties may oppose. Absent a successful opposition, the mark proceeds to registration.
A registered trademark is valid for ten years and renewable indefinitely — making it the one IP right that can outlive every patent and design you own.
Registration gives you the exclusive right to use the mark, a basis to sue for infringement, and an asset you can license or assign. As a registered trademark agent, our firm manages the full lifecycle — search, filing, prosecution, watch services and enforcement.
This article is general information, not legal advice. For guidance on your specific situation, please speak to our team.
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