Trademark registration is the process of obtaining legal protection for a company's brand name, logo or slogan. In Malaysia it is administered by the Intellectual Property Corporation of Malaysia (MyIPO). Once the mark is registered, the business gains the exclusive right to use it in its designated class, and the right to stop others from imitating it.
Why register a trademark?
Company registration secures a company name on the register of the Companies Commission of Malaysia (SSM), but that is not the same as protecting the brand itself. A registered trademark is the clearest way to stop others in the market from using an identical or similar mark. Without one, a business has to rely on a passing-off claim and prove the goodwill in its business. This matters most for businesses planning long-term operations, a chain of outlets or cross-border expansion.
What is the process, and how long does protection last?
- Search: check for potentially conflicting existing marks
- Filing: submit the application under the relevant goods or services class (Nice Classification)
- Examination and publication: once the application passes examination, it is published so that others can file an opposition
- Registration: the registration certificate is issued if no opposition is filed, or if an opposition is unsuccessful
Trademark protection in Malaysia generally lasts 10 years, renewable on expiry. The overall processing time varies from case to case, and MyIPO's latest guidance applies.
What if a trademark is being misused?
The owner of a registered trademark can take legal action to stop an infringer from using the mark and to claim damages. For more complex infringement or opposition disputes, it is advisable to seek legal advice on the best response.
This content is for general reference only and does not constitute legal or tax advice. For your own situation, please book a consultation so that GXY's advisory team can advise on your actual circumstances. Last updated: 20 August 2026.
