A Complete Guide To Trademark Application In Malaysia: Process, Requirements And Practical Tips

1. Basic Knowledge of Trademarks in Malaysia

A trademark in Malaysia is a unique sign used to distinguish the source of goods or services. It can include traditional elements such as names, words, phrases, logos, symbols and designs, as well as non-traditional types like colors, scents and sounds. When in use, registered trademarks can be marked with "®", while unregistered ones are marked with """.

Trademarks provide exclusive rights of use to the right holders, who can authorize others to use the trademarks and collect fees. Meanwhile, they can effectively prevent unfair competitors such as counterfeiters from using similar signs. Among them, registered trademarks are protected by law, and right holders can file lawsuits against infringement acts; unregistered trademarks are protected in accordance with the provisions related to "passing off" in Malaysia's common law.