Malaysia is a Southeast Asian country with a federal constitutional monarchy. The legal system of the British colonial period has a profound impact on modern Malaysia. Its legal system is based on the legal system of British common law. The current trademark laws and regulations are mainly based on the Trademark Act 2019, which came into effect on December 27, 2019. The Trademark Registry is responsible for managing trademark affairs, and the official language is Malay. Malaysia's trademark registration adopts the "first use" principle, and trademark exclusive rights must be registered in accordance with the law.

Trademark System

Malaysia is a signatory to international intellectual property treaties such as the Paris Convention and the Nice Agreement. It joined the Madrid Protocol on December 27, 2019, so trademark registration can be handled through "single country registration" or "Madrid International Registration", and trademark applications accept multiple categories of one mark.
At present, Malaysia adopts the description of goods and services of the 11th edition of the Nice Classification and accepts multiple categories of applications for one mark. The elements that can be registered as trademarks in Malaysia include: text, name, graphics, color, letters, numbers, color combinations, three-dimensional shapes, sounds, etc. If the applicant does not reside in Malaysia, he/she must entrust a special agent in his/her country to handle it.

Classification

Malaysia adopts the 11th edition of the International Nice Classification for the description of goods and services. Trademark registration is applied based on the category of goods/services (Classes 1–34 are for goods, and Classes 35–45 are for services).

Convention Priority

Malaysia is a contracting party to the Paris Convention for the Protection of Industrial Property. If the applicant's country of origin is a member of the Paris Convention and the trademark application in Malaysia is filed within 6 months of the first application in the country of origin, the applicant may claim priority.

Examination procedure

Formal examination (whether the application requirements and classification information comply with the regulations) + substantive examination (including distinctiveness, similar trademarks, etc.), Upon passing these examinations, the trademark will be scheduled for publication.

Objection

In Malaysia, the opposition period is two months from the date of trademark publication. If no opposition is filed or if the opposition is unsuccessful during the publication period, the trademark will be approved for registration and a registration certificate will be issued. Under normal circumstances, trademark registration in Malaysia takes approximately one and a half years; however, if there is a rejection or opposition during the process, the timeline will be significantly extended.

Duration and Renewal

The validity period of a trademark registration in Malaysia is 10 years from the date of application. The Trademark Law stipulates that renewal can be processed within 6 months before the expiration date, and the grace period is 6 months. If the renewal is not completed after the grace period expires, the trademark rights can be restored within 6 months from the expiration date of the grace period, and the renewal period is 10 years.