Malaysian Trade Marks Update – Trademarks Bill 2019

Malaysia has introduced a new Trademarks Bill 2019 (Bill) which is set to replace the current Trade Marks Act 1976. It is anticipated that the new Act will come into force on 27 December 2019.

Some of the key changes are set out below:

Accession to the Madrid Protocol

Malaysia is set to join the Madrid Protocol from 27 December 2019. This means that a trade mark can be protected by way of an International Application covering Malaysia, instead of filing a separate national Malaysian trade mark. This is particularly useful if there are multiple countries of interest, as it is generally more cost effective to file a trade mark via an International Application which designates more than one country, as opposed to filing national applications in each country of interest.