Filing Requirements in Malaysia
Softcopy of the trademark artwork (JPEG or PDF format) in high resolution
Full name & address of the applicant
If the applicant is a company, please provide a copy of the company's Certificate of Incorporation and state the name of authorized signatory on behalf of the company for the trademark filing documents
List of goods and services in relation to the proposed trademark
Class number (Nice Classification)
Priority information, if priority right is being claimed
Translation of the trademark if it consists of non-English or national language of Malaysia (Bahasa Melayu).
Other Requirements
Languages: English or Malay (Bahasa Maleyu). In case Foreign language (Text/Symbols/Icons must be submitted with their English translation.)
Multiple Class Applications: Multiple class trademark applications are allowed in Malaysia
Power of Attorney: Simply executed Power of Attorney to be submitted simultaneously with the application
Priority Document: Certified copy of the Priority Document within onemonths from the date of filing of convention application in Malaysia along with a certifiedEnglish translation (if required).
Validity Term: 10 years from the filing date, renewable indefinitely for successive 10-year periods.
Official Examination/ issuance of Office Action: After an application is filed, it is examined by the MyIPO in two stages i.e. formal and substantive examination to ensure it meets the requirements of the Trademarks Act 2019 with regard to the distinctiveness, possibility of deceptiveness and conflicting trademarks. The MYIPO registry may accept, reject, or request amendments. The applicant is informed of any objections raised by the registrar via Examination Report and has two (2) months to reply to Examination report or request a hearing.The application is abandoned if no response is received.
Publication and Opposition: The trademark application can be opposed by any person within two months of its publication (advertisement) in Trademarks Journal.
Renewal: Request can be submitted via Form TMR/ Form12. There is a grace period of 12 months for late renewal upon payment of additional fees. Restoration request can be filed within six months from the expiration date with additional fees.
Non-Use Cancellation: A trademark may be cancelled if it has not been used fora continuous period of three years from the date of registration
REFERENCE GUIDE TRADEMARKS - THE PROCESS
STEP 1 - Search for Similar Existing Marks- Though it is not a compulsory step, however this step is recommended to confirm that the applied mark is unique and available. It is done through the official website -https://www.myipo.gov.my/underFORM TM A1.
STEP 2 –Filing - Submit a trademark application under FORM TM A2 along with details such as a clear representation of the trademark, a list of the goods and/or services for which the trademark will be used, a priority document (if claiming priority from a previous filing) and the requisite fee.
STEP 3 - Request for Examination- After the application for the applied trademark is filed it is examined by the Examiner for Formality Examination and Substantive Examination. Accordingly, Examination Report is issued.
STEP 4 -Response to Examination -The applicant must address the objections and submit a response, providing justifications or making amendments as necessary.
STEP 5- Advertisement - If response is accepted by the examiner, the mark is accepted and published in the Journal by MYIPO to allow third parties to oppose the registration. The opposition period lasts for two months from the date of publication.
STEP 6: Opposition (if any)- If there is no opposition, the trademark proceeds towards registration. If an opposition is filed, both parties (the applicant and the opponent) present their cases, and the Registrar of trademarks makes a decision.
STEP 7: Registration - If no opposition is filed or if the opposition is resolved in favor of the applicant, the trademark is registered, and a certificate of registration is issued.
STEP 8: Renewal -Trademarks in India are valid for ten years from the date of application and can be renewed further periods of ten years upon each request.
FEE SCHEDULE (MALAYSIA)
| PARTICULARS | OFFICIAL FEE (USD) | PROFESSIONAL FEE |
| 1.SEARCH | ||
| Trademark Search with report & professional opinion | N/A | 250 |
| 2.FILING OF TRADEMARK APPLICATION UP TO PUBLICATION & ISSUANCE OF REGISTRATION NOTICE | ||
| For standard items | 237 | 288 |
| For Non-standard items | 273 | 288 |
| 3.EXAMINATION | ||
| Request for expedited examination of a trademark application | 244 (for each class) | 256 |
| 4.CLAIMING PRIORITY | N/A | 100 |
| 5.OFFICE ACTIONS | ||
| (A) Responding to Refusal (written appeal) | N/A | 870 (per class) |
| (B) Responding to Refusal with Attending Hearing | 37 (per class) | 1133 (per class) |
| 6. Opposition | ||
| Notice of Opposition | 244 (for each class) | 1004 (per class) |
| Counter Statement | 85 (for each class) | 1004 (per class) |
| Filing Statutory Declaration in Support of Opposition | N/A | 1004 (per class) |
| Final Submission & Conclusion including Hearing | N/A | 1120 (per class) |
| 7. Annuity (Renewals) | ||
| Within due date | 244 (per class) | 294 |
| Late renewal | 293 (per class) | 300 |
| Request for restoration-If applying for re-entry of the issued registration within six months from the date of removal | 366 (per class) | 300 |
Conclusion
Trademark registration in Malaysia, administered by the Intellectual Property Corporation of Malaysia (MyIPO), provides a robust and well-structured framework for brand protection. With a validity term of 10 years from the filing date and indefinitely renewable protection, a registered trademark in Malaysia is a valuable long-term commercial asset for both domestic and international businesses.
Malaysia's trademark regime carries several distinguishing features worth noting: multiple-class applications are permitted under a single filing, enabling cost-effective portfolio management; the non-use cancellation threshold is three years — one of the shorter windows in the region — underscoring the importance of actively using your mark post-registration; and the 12-month grace period for renewal, with a further six-month restoration window, provides considerable flexibility in managing renewal timelines. Applicants must respond to examination reports within two months to avoid abandonment of their application.
Whether filing as a domestic business or a foreign entity, strict adherence to MyIPO's procedural timelines and documentation requirements is critical to protecting your brand in this market. Engaging qualified trademark counsel ensures a smooth path from initial filing through examination, publication, opposition, and registration — and provides the ongoing portfolio oversight needed to keep your Malaysian trademark rights secure for the long term.
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