My Trademark Has Expired! Can I Still Renew It in Malaysia?
- IP Gennesis
- 20 hours ago
- 5 min read
Imagine this.
You've spent the last ten years building your business under a trademark you've carefully developed from scratch. Customers recognise your brand, sales are growing steadily, and your business is practically running itself.
One day, while reviewing your intellectual property portfolio or preparing to take action against a competitor using a similar brand, a worrying thought suddenly crosses your mind.
"Wait... when does my trademark expire?"
You quickly search through your records and locate your trademark registration certificate.
Your heart sinks.
It expired last month.
Immediately, countless questions begin racing through your mind.
Have I lost my trademark forever?
Can I still renew my trademark?
Can someone else register my trademark now?
Do I have to start the entire registration process again?
Fortunately, don't panic just yet.
In many cases, an expired trademark can still be renewed or restored, depending on how long ago it expired.
This article explains what you should do if your trademark has expired in Malaysia.
Quick Answer
If your Malaysian trademark has expired:
✅ Expired less than 6 months ago?
You can usually still carry out a late trademark renewal by paying a higher official fee.
✅ Expired between 6 and 12 months ago?
You may still be able to restore and renew your trademark registration, subject to the requirements under the Trademarks Act 2019.
❌ Expired more than 12 months ago?
Your trademark registration will generally have been removed permanently from the Register, and you will usually need to file a fresh trademark application.
The sooner you act, the better your chances of saving your trademark.
How Long Does a Trademark Registration Last?
Before discussing expired trademarks, it is useful to understand how long a trademark registration lasts.
In Malaysia, a registered trademark remains valid for 10 years from the filing date of the trademark application.
This sometimes surprises business owners because many countries calculate the renewal period differently.
For example:
Malaysia – 10 years from the filing date.
United States – renewal periods are calculated from the registration date and involve additional maintenance requirements.
Therefore, even if you filed trademark applications in multiple countries on the same day, the renewal deadlines may not be identical.
My Trademark Expired Last Month. Can I Still Renew It?
Yes, in most cases.
If your trademark expired only recently, you generally have not lost your rights immediately.
Malaysian trademark law provides a six-month grace period after the expiry date.
During this period, you may still renew your trademark by filing Form TME2 and paying the prescribed late renewal fee.
Although the official fee is slightly higher than an ordinary renewal, this is often the quickest and most cost-effective way to keep your trademark registration alive.
The important point is simple: An expired trademark does not necessarily mean a lost trademark.
What If My Trademark Expired More Than 6 Months Ago?
You may still have another opportunity.
If your trademark expired more than six months ago but less than twelve months ago, you may apply to restore and renew your trademark registration.
This is done by filing Form TME3.
Restoration is intended to help trademark owners who genuinely missed the renewal deadline.
If the restoration is successful, your trademark registration will continue as though it had been properly renewed.
As long as you continue renewing your trademark every ten years, your trademark registration can potentially last indefinitely.
What If My Trademark Expired More Than 12 Months Ago?
Unfortunately, this is where the situation becomes much more serious.
If more than 12 months have passed since the expiry date, the trademark registration will generally be removed permanently from the Register under the Trademarks Act 2019.
At this stage, the law no longer allows renewal or restoration.
If you still wish to protect your brand, your only option is usually to file a new trademark application.
This means starting the registration process from the beginning, including examination by MYIPO, which may take many months before registration is granted.
Can Someone Else Register My Expired Trademark?
This is one of the most common questions we receive.
The answer is: Possibly—but not immediately.
Many business owners assume that once their trademark expires, another person can register it the very next day.
That is generally not the case.
During the statutory renewal and restoration periods, Malaysian law continues to protect the previous trademark owner to a certain extent.
For examination purposes, MYIPO may still treat the expired trademark as though it remains registered while the previous owner still has the legal right to renew or restore it.
However, once the statutory deadlines have passed and the registration has been permanently removed, another party may apply to register the same or a similar trademark.
This is why acting promptly after discovering the expiry is extremely important.
Do I Have to Start From Scratch?
Not necessarily.
Your next step depends entirely on when your trademark expired.
Time Since Expiry | What You Can Do |
Before expiry | Ordinary renewal (Form TME1) |
Less than 6 months | Late renewal (Form TME2) |
6–12 months | Restoration and renewal (Form TME3) |
More than 12 months | Fresh trademark application usually required |
Can I Renew My Trademark Myself?
Generally, trademark renewal is relatively straightforward and may be carried out directly with MYIPO.
However, many business owners prefer to appoint a registered trademark agent or intellectual property lawyer to manage the process.
Besides ensuring that the correct forms are filed, a professional can also:
verify whether the trademark is still eligible for renewal or restoration;
monitor important deadlines;
ensure that renewal certificates are properly issued; and
advise whether additional trademark protection should be considered.
For many businesses, the cost of professional assistance is often insignificant compared to the value of losing an established brand.
How Can I Avoid This From Happening Again?
The simplest solution is to maintain an organised intellectual property portfolio.
Many trademark owners mistakenly assume MYIPO will send renewal reminders.
In practice, you should never rely solely on receiving reminders.
Instead, consider:
recording the renewal deadline in your calendar;
setting reminders well in advance;
maintaining an IP portfolio register; or
appointing a trademark agent to monitor your renewal dates.
Preventing a missed renewal is always easier—and significantly cheaper—than trying to rescue an expired trademark later.
Final Thoughts
Discovering that your trademark has expired can be frightening.
Fortunately, an expired trademark does not always mean your trademark is lost forever.
If you have only recently missed the renewal deadline, there is often still time to save your trademark through late renewal or restoration.
The most important thing is not to delay.
Every month that passes reduces the legal options available to you.
If you are unsure whether your trademark can still be renewed or restored, it is advisable to check its status as soon as possible before the statutory deadlines expire.
At IP Gennesis, we regularly assist businesses in checking the status of expired trademarks, advising whether renewal or restoration remains available, and handling the entire renewal process with MYIPO.
If your trademark has expired and you are unsure what to do next, feel free to contact us for professional advice before it becomes too late.
Written by,
Legal Executive
LL.B (HONS)
Registered Trademark, Patent and Design Agent
LL.B (HONS), CLP
Advocate & Solicitor
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. Trademark laws and procedures may change, and each case depends on its own facts. Please seek professional advice before making any legal or commercial decisions.
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