Trademark Services
More Than a Logo.
It Identifies Your Business.
Your company may have a name. Your trademark is what helps distinguish its identity in the marketplace.
A trademark means any sign capable of being represented
graphically which is capable of distinguishing the goods
or services of any one undertaking from those of other
undertakings.
For a company, this may include its corporate logo or other
distinctive branding used to identify the business, its
products or its services.
Know the Difference.
The ™ and ® symbols may look similar, but they communicate different things about the status of a trademark.
Indicates that a name, logo or other sign is being used as a trademark.
Indicates that the trademark has obtained registered status.
A trademark does not have to be registered in order to be used.
Registration is obtained through the formal trademark registration process.
An unregistered trademark does not enjoy the statutory rights specifically conferred on a registered trademark.
A registered proprietor has the exclusive right to use the trademark and to authorise others to use it for the goods or services for which it is registered.
Trademarks Act 2019 · Section 48(1)The statutory infringement regime under the Act concerns infringement of a registered trademark.
A registered proprietor has the right to obtain relief for infringement of the registered trademark.
Trademarks Act 2019 · Section 48(2)The ™ symbol itself does not indicate that the mark has obtained registration.
The Trademarks Act sets out the circumstances in which use of a sign may infringe a registered trademark.
Trademarks Act 2019 · Section 54Trademark Registration Procedures in Malaysia.
From developing a distinctive trademark to registration, here is how the process generally works.
Develop Your Trademark
Create a distinctive name, logo or other sign and consider whether it may be affected by the absolute or relative grounds for refusal.
Trademark Search
Search existing trademarks before filing to identify potentially similar or conflicting marks.
Identify the Relevant Class
Determine the appropriate class or classes for your goods or services under the applicable classification system.
Submit the Application
File the trademark application with the Registrar through MyIPO, together with the required applicant details, representation of the trademark and relevant goods or services.
Examination
MyIPO examines the application to assess compliance with the applicable requirements and the registrability of the trademark.
Publication
Following acceptance, the trademark is published to allow third parties an opportunity to oppose the registration within the prescribed period.
Registration
Where the application proceeds successfully, the trademark is registered and a certificate of registration is issued. Registration is generally valid for 10 years and may be renewed.
Frequently Asked Questions
Thinking about protecting your company name, logo or brand? Here are answers to some common questions about trademark registration in Malaysia.
Not necessarily. Registering a company name with the Companies Commission of Malaysia (SSM) and registering a trademark are two different matters.
A company name identifies your registered business, while trademark registration may provide protection for a sign used to distinguish your goods or services from those of other businesses.
This depends on how your business uses its brand. Your company name, trading name and logo may each play a different role in identifying your business.
Some businesses therefore consider separate trademark applications for their word mark and logo depending on the protection required.
A trademark can include various signs used to distinguish the goods or services of one business from another.
Depending on the circumstances, this may include words, names, logos, symbols, letters, numerals, shapes, colours or combinations of these elements, subject to the requirements of Malaysia's Trademarks Act 2019.
A trademark search can be carried out before filing an application to identify existing marks that may be identical or similar to your proposed trademark.
A search does not guarantee registration, but it can help identify potential conflicts before an application is submitted.
Goods and services are divided into different trademark classes. Your application should identify the class or classes relevant to the products or services for which the trademark will be used.
Choosing the appropriate class is important because the scope of the application relates to the goods and services specified.
Similar trademarks may exist in some circumstances, particularly where the relevant goods or services differ.
However, similarity to an earlier trademark can become an issue where there is a likelihood of confusion or where other grounds for refusal apply.
Trademark registration is not an immediate process. An application goes through filing, examination and other applicable registration procedures.
The actual timeframe can vary depending on the application and whether any examination issue, objection or opposition arises.
A registered trademark in Malaysia is generally registered for 10 years and may be renewed for further periods of 10 years, subject to the applicable requirements and fees.
The ™ symbol is commonly used to indicate that a business is claiming a particular sign as its trademark.
It is different from the ® symbol, which indicates registered trademark status.
The ® symbol is used to indicate a registered trademark. It should therefore be distinguished from a trademark that is merely being used or is still under application.
An objection does not necessarily mean the application process ends immediately.
Depending on the issue raised, the applicant may have an opportunity to respond or take the appropriate action within the prescribed timeframe.
Trademark rights are generally territorial. Registration in Malaysia does not automatically provide trademark protection in every other country.
Businesses planning to expand overseas should consider whether trademark protection is required in the relevant foreign markets.