Legal Basis Trade Marks Act 1976 effective 1 September 1983
Trade Marks (Amendment) Act 1994, 2000 and 2002, the latter effective 3 March 2003
Trade Marks Regulations 1997 effective 1 December 1997
Major international treaties signed
  • Paris Convention effective 1 January 1989
  • Nice Agreement effective 28 September 2007
  • Vienna Agreement effective 28 September 2007
  • Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
Cost of obtaining a trademark Please contact us at
Average time to obtain a trademark 12 months
Official language for trademark prosecution Bahasa Malaysia or English
Registrable marks Any distinctive device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof
Filing and prosecution procedures Stage 1: Filing
Stage 2: Examination
Stage 3: Advertisement
Stage 4: Opposition (if any)
Stage 5: Registration
Stage 6: Renewal
Number of classes 45 (8th Edition Nice Classification)
Multiple class filing Not Available
Filing of series marks Available
Necessary document for filing Statutory Declaration of Bona Fide Ownership of Mark
Common objections Descriptiveness
Prior conflicting rights
Extension of office action deadlines Available
Opposition term 2 months (extendible)
Term of trademark protection 10 years (renewable)
Restoration of lapsed trademark Within 12 months from the expiry of the last registration
Parallel Imports
Minimum period of use to avoid non-use cancellation action 3 years (continuous)
Useful links
Trademark Agents and Attorneys in Malaysia
Infringement offence
Specialised courts for IP Available
Outline of the enforcement steps Notice of Cease and Desist


Application for a Trade Description Order under the Trade Descriptions Act 2011
Border Measures

Relief against groundless threats Available (Summary Judgment)
Declaration of non-infringement Available
Preliminary injunctions Available
Time frame for various legal actions 6 to 12 months
Alternative dispute resolution Limited to trade mark matters involving domain name dispute
Availability of damages and other relief for infringement Expungement Action
Civil remedies Injunction
Criminal Sanctions Trade Description Order
Monetary fines or imprisonment or bothBorder Measure
Prohibition of importation; seizure; detention; forfeiture of goods bearing counterfeit trademark
Other It is a criminal offence to represent a trademark as registered when in fact it is not. Sanctions may include monetary fines or imprisonment or both