Can You Register Your Foreign Supplier’s Trademark in Malaysia?

It sounds like a smart business move — until it isn’t.

But one wrong trademark application can quietly turn a promising distributorship into a legal nightmare overnight.

This exact question came up during a brainstorming session with a client who was preparing to launch a new venture in Malaysia.

“I’ve just been appointed as the sole distributor of a foreign brand.

They haven’t registered their trademark in Malaysia yet.

Can I register the trademark under my own name to protect my interests here?”

It’s a fair question.

And it’s also one that quietly traps many entrepreneurs without them even realising it.

Short Answer: Can a Distributor Register a Supplier’s Trademark in Malaysia?

Better Don’t

Under Malaysian Intellectual Property law, it is not advisable for a distributor to register a foreign supplier’s trademark in Malaysia without the supplier’s consent, even if the trademark has not yet been registered here.

Many business owners believe that speed gives them an advantage. In trademark law, not always, especially when you are not the real owner of the trademark.

Ownership matters more than who files first.

First Things First: Did Your Supplier Agree?

Before we even discuss trademark registration, there is one question that decides everything.

Did your foreign supplier actually agree to let you register the trademark under your name in Malaysia?

If the answer is no, that is where the conversation should stop.

Under Malaysian trademark law, being the first to submit a trade mark application does not always make you the rightful owner. The law places far more weight on ownership and consent than on speed.

Without clear permission from the supplier, the registration is standing on very thin legal ice.

Practical takeaway: If you want real protection, start with written consent or a properly drafted assignment document, not just a filing receipt.

What If the Supplier’s Trademark Is Not a Well-Known Trademark?

This is usually where confusion sets in. Many entrepreneurs instinctively think:

“If the trademark isn’t famous in Malaysia, I should stand a chance!.”

That assumption is wrong.

We’ve previously explained this in our article: Can You Register a Well-Known Foreign Trademark in Malaysia?

Malaysian Trademark law recognises that well-known trademarks enjoy protection even without registration. But that is only part of the picture.

What many people fail to realise is that the absence of fame does not automatically open the door for registration.

And this is where the real trap lies.

Even if a foreign trademark is not a well-known brand in Malaysia, a distributor cannot simply register it under their own name without the supplier’s consent.

Trademark law is not designed to reward opportunism. It is designed to protect genuine ownership and creativity.

Why Registering Your Supplier’s Trademark Is Still Legally Wrong?

If you apply for a trademark registration while knowing that the trademark belongs to your supplier, that registration may be treated as having been filed in bad faith under Malaysian law.

And once bad faith is established, even a registered trademark can quickly unravel. This is where distributors are often caught off guard.

When you are acting as a distributor, agent, or business partner, your commercial relationship itself becomes evidence. It shows that you have knowledge of the supplier’s ownership and that you knew the trademark was never truly yours.

From the court’s perspective, this is not “business protection”. It looks more like taking advantage of a legal loophole.

As one principle bluntly puts it:

“You cannot claim ownership over something you know was never yours.”

“But What If I Successfully Registered the Supplier’s Trademark?”

This is the most dangerous misconception of all. A registered trademark feels solid. It feels official. But it is not invincible.

Trademark registration only provides strong rights if those rights were obtained honestly and in accordance with the law. This is why Section 17(1) of the Malaysian Trademarks Act says that,

“Any person who claims to be bona fide proprietor of the trademark may apply for the registration…”

It is obvious that being in good faith (bona fide), is part of the requirements. When bad faith is involved, registration can become more of a liability than a shield.

How a Supplier Can Cancel Your Trademark in Malaysia

Under Section 47(6) of the Trademarks Act 2019, a registered trademark may be invalidated by the aggrieved person if there is fraud in the registration or the registration was obtained by misrepresentation

If fraud or misrepresentation is proven, the trademark registration can be cancelled entirely — as though it never existed in the first place.

A Real Malaysian Case: When Trademark Registration Wasn’t Enough

This issue isn’t just theoretical.

A Malaysian court has already dealt with this scenario — and the outcome surprised many distributors who assumed that trademark registration alone was enough.

The Case: WEI HER PTE LTD v OOI TEIK SENG & ANOR [2023] 3 MLRH 709

This is what happened in that case

The Plaintiff, Wei Her, was a Singapore company that sold hair tonic products under the TORETOMAN brand in both Malaysia and Singapore. Over the years, they actively marketed the products, built brand recognition, and handled distribution channels on the ground.

At some point, Wei Her applied for and obtained Malaysian trademark registration for “TORETOMAN” in Class 3. On paper, this made Wei Her the registered proprietor of the trade mark in Malaysia.

From a business perspective, everything looked secure. But this sense of security would not last.

The New Entrant — And the Quiet Owner Behind the Scenes

Things became complicated when two Malaysian parties, the Defendants, Ooi Teik Seng and Dry Cut Sdn Bhd, began selling TORETOMAN products in Malaysia. At first glance, this appeared to be a straightforward case of trademark infringement.

However, there was an important detail that changed everything.

These new players were not acting independently. They were authorised by Safety Co Ltd, a Japanese company connected to the TORETOMAN brand — the foreign supplier and manufacturer behind the product.

In other words, while Wei Her appeared on the trademark register, the original brand owner had quietly remained in the background all along.

The Moment Everything Changed

Confident in their registration, Wei Her sued for trademark infringement, passing off, and slander of goods. From the outside, it looked like a clean and predictable case. The registered proprietor was suing parties who were using the same trademark.

But the defendants did not start by arguing similarity or confusion. Instead, they asked a far more dangerous question:

“Are you truly the owner of the trademark — or merely a distributor who registered someone else’s brand?”

That single question forced the Court to pause and rethink the entire dispute. Because before infringement can be decided, ownership must first be settled.

“Is the registered proprietor also the bona fide owner of the trademark?”

After examining the evidence, the Court concluded that the answer was no.

Why Trademark Registration Did Not Save the Registered Owner?

The evidence showed a very different commercial reality. Wei Her had been appointed as a distributor and importer. The agreements acknowledged that the TORETOMAN brand belonged to Safety Co Ltd. No written consent had ever been given for Wei Her to register the trademark in its own name. Meanwhile, Safety Co Ltd had long been using and owning the brand in other countries.

Based on these facts, the Court applied a well-established principle under Malaysian trademark law:

The first user of a trademark is the common law proprietor — even without registration.

Because Wei Her knew the trademark belonged to its foreign supplier, registering it anyway made it a fraudulent registration.

Does Knowledge Matter When Filing a Trademark Application?

Yes — and it matters more than most entrepreneurs realise.

If you apply for a trademark registration while knowing that the trademark belongs to your supplier or someone else, that application may be treated as an act of fraud.

This is especially true where the distributor later tries to rely on the registration to block the true owner or gain leverage in a commercial dispute.

Can a Registered Trademark Be Cancelled in Malaysia?

Yes, Absolutely.

In this case, the defendants relied on Section 47 of the Trademarks Act 2019, which allows an “aggrieved person” to apply to invalidate a registered trademark.

The result was clear. Wei Her’s trademark registration was invalidated

Does the Wei Her Case Mean Foreign Suppliers Can Relax?

After reading the Wei Her case, some foreign brand owners quietly ask the wrong question:

“If Malaysian law protects us anyway, does that mean we can afford to slack?”

The short answer is no.

The Wei Her case does not mean foreign suppliers can ignore trademark protection. It only shows that the law can rescue you after damage has already been done

Two Things Every Foreign Brand Owner Should Do When Exporting to Overseas (Before Problems Start)

If you are a foreign supplier working with distributors in Malaysia — or anywhere else — there are two steps you should never skip.

1. Register Your Trademark in the Country You Are Selling In

The safest and most effective form of protection is still trademark registration in the country where your products are sold.

While Malaysian law recognises common law ownership and protects even unregistered or well-known trademarks in certain situations, registration gives you clarity, certainty, and leverage before a dispute arises.

A registered trademark is easier to enforce, easier to license, and far harder for others to misuse.

2. Lock Ownership Into Your Distribution Agreement

Trademark protection should never rely on assumptions or “good faith”.

Every distributorship agreement should clearly state that:

• the distributor acknowledges you are the owner of the trademark;

• the distributor has no ownership rights in the trade mark; and

• the distributor must not register the trademark under their own name — whether in Malaysia or anywhere else in the world.

  
  

This single clause helps prevent years of litigation.

It removes ambiguity.

It removes temptation.

And it removes excuses.

Planning to Enter Malaysia or Appoint a Distributor?

Trademark ownership should never be an afterthought.

Before you sign a distributorship agreement or submit a trademark application, let us review the structure from an Intellectual Property perspective — so your brand stays protected, not contested.

Written by,

Low Vee Vien

IP Associate

LL.B (HONS)

Lawrence Tan 

Registered Trademark, Patent and Design Agent

LL.B (HONS), CLP

Advocate & Solicitor

Disclaimer: This article is for general information only and does not constitute legal advice. For advice on your specific situation, please consult a qualified Intellectual Property Professional.