Should You Copyright or Trademark Your Logo and Mascot in Malaysia?

IP Gennesis
11 minutes ago
15 min read

"I want to IP my logo."

"I want to trademark my logo."

"I want to copyright my logo."

We hear these all the time from business owners.

The confusion is very common. Many people assume intellectual property (IP), copyright and trademarks are basically the same thing. More dangerously, some believe that once they hire a designer to create a logo or mascot, their brand is automatically "fully protected".

In this article, we will explain:

What copyright protects and its limitations
What trademark protection covers
Whether logos and mascots can enjoy copyright and trademark protection
The differences between copyright and trademark
Why copyright alone may not always be sufficient for brand protection
Why many businesses should consider both copyright and trademark protection
How copyright and trademark protection can support licensing, franchising, merchandising and overseas expansion

By the end of this article, you should have a clearer understanding of whether copyright, trademark, or both are appropriate for protecting your logo or mascot in Malaysia.

Poster about copyright or trademark in Malaysia, with mascots and logos like Michelin, McDonald’s, Mickey, and speech bubbles showing ® and ©?

Copyright vs Trademark for Logos and Mascots in Malaysia: What Businesses Should Protect

In reality, IP, copyright and trademarks are different things.

Intellectual Property (IP) is an umbrella term that covers different forms of legal protection for different types of business assets. Copyright and trademarks are both forms of IP protection, but they serve very different legal and commercial purposes.

For businesses that intend to build a valuable brand over the long term, relying on only one form of protection may not be enough. In many cases, both copyright and trademark protection play important roles together.

So, when it comes to logos and mascots in Malaysia, what exactly should businesses protect?

What Is Copyright Protection in Malaysia?

In Malaysia, copyright is governed by the Copyright Act 1987.

For example, when a business hires a designer to create a unique logo or mascot, copyright protects the artistic original expression of that design. In other words, it protects the creative work itself.

Under Malaysian law, there are seven categories of works that may qualify for copyright protection.

What Types of Works Can Be Protected by Copyright?

According to the Copyright Act 1987, copyright protection may subsist in the following categories of works:

a) Literary Works

This includes books, articles, business proposals, website content, software source code, manuals and other written materials.

b) Musical Works

For example, songs, musical compositions and advertising jingles.

c) Artistic Works

This includes logos, mascot illustrations, graphic designs, packaging artwork, product labels, website graphics and other artistic creations.

d) Films

For example, videos, animations, movies, documentaries and other forms of video content.

e) Sound Recordings

This may include podcast recordings, voice-overs, recorded interviews and other audio recordings.

f) Broadcasts

For example, television broadcasts, radio broadcasts and certain forms of streamed broadcast content.

(Section 7(1)(c) of the Copyright Act 1987)

Can a Logo or Mascot Be Protected by Copyright in Malaysia?

Yes. Both logos and mascots may qualify for copyright protection as artistic works.

Under the Copyright Act 1987, an artistic work includes:

a) graphic works, photographs, sculptures or collages, irrespective of artistic quality;

b) works of architecture, including buildings and models of buildings; and

c) works of artistic craftsmanship.

(Section 3 of the Copyright Act 1987)

In simple terms, if your business commissions a designer to create an original logo or mascot illustration, the creative expression embodied in that design may be protected under copyright law.

However, this is where many businesses overlook an important point.

Just because a logo or mascot enjoys copyright protection does not automatically mean the brand itself is commercially protected from competitors.

This leads to two important questions:

What are the requirements for copyright protection in Malaysia?
What are the limitations of copyright when it comes to protecting a business brand?

We will address both questions below.

Do You Need to Register Copyright in Malaysia?

One of the most common questions we receive is:

"I've created hundreds of artworks. Do I need to file hundreds of copyright registrations?"

Not necessarily.

Unlike trademarks or patents, copyright protection generally arises automatically in Malaysia. Formal registration is not required before copyright can exist.

In other words, once the legal requirements are satisfied, copyright protection may arise automatically when the work is created.

(Section 7(3) of the Copyright Act 1987)

What Are the Requirements for Copyright Protection?

1. The Work Must Be Original

Sufficient effort must have been expended to make the work original in character.

The work should be independently created, and some degree of skill, labour, effort or time must have been invested in producing it.

For example, a designer spending hours developing a unique mascot concept for a business would generally satisfy this requirement.

The law does not require the work to be revolutionary or highly creative. It simply needs to originate from the creator rather than being copied from someone else.

2. The Work Must Be Reduced Into Material Form

The work must be written down, recorded or otherwise reduced into material form.

For example:

A logo saved on a computer
A mascot illustration stored digitally
A sketch drawn on paper
A design file created using graphic design software

The key principle is simple: the work must exist in a form that can be reproduced.

(Section 10 of the Copyright Act 1987)

Does Copyright Protect Ugly Artwork?

Some business owners ask:

"What if my artwork is ugly? Is it still protected?"

The answer is yes.

Protection is not dependent on artistic quality.

Whether the artwork is a masterpiece or a simple sketch, copyright may still subsist if the legal requirements are satisfied.

(Section 7(2) of the Copyright Act 1987)

Should Business Register Copyright?

Although copyright protection arises automatically, relying solely on automatic protection may create practical difficulties when disputes arise.

For this reason, many businesses choose to apply for a Copyright Voluntary Notification and obtain a Certificate of Copyright Registration.

While copyright exists independently of registration, the certificate serves as prima facie evidence of ownership and can be extremely useful when enforcing rights or responding to ownership disputes.

Consider this scenario.

A third party suddenly claims that your logo or mascot belongs to them.

Without a formal record or certificate, how easy would it be to prove otherwise?

A Copyright Voluntary Notification may not create copyright, but it can significantly strengthen your position when ownership is challenged.

What Rights Does Copyright Give You?

In Malaysia, once copyright subsists in a work, the copyright owner enjoys several important rights.

1. Legal Rights (Enforcement Rights)

Copyright gives the owner the exclusive right to take legal action against parties who copy, reproduce, distribute, communicate or otherwise use the work without permission.

Depending on the circumstances, enforcement may involve civil proceedings and, in certain cases, criminal action under the Copyright Act 1987.

2. Economic Rights (Commercial Rights)

The copyright owner generally has the exclusive right to control:

a) reproduction of the work (copying);

b) communication of the work to the public (including online use and advertising);

c) performance, showing or display of the work to the public;

d) distribution of copies of the work; and

e) commercial rental of the work, where applicable.

More importantly, copyright can be monetised.

The owner may license the work to third parties, assign ownership to another party, or pass the rights through a will (testamentary disposition).

In other words, your creative work is not merely protected. It can become an intellectual property asset that generates commercial value.

3. Moral Rights (Protecting the Creator's Name and Reputation)

This aspect of copyright is often overlooked, particularly by businesses.

Moral rights generally include:

Paternity right, which is the right to be identified as the creator of the work.
Integrity right, which is the right to object to modifications, distortions or derogatory treatment of the work that may prejudice the creator's honour or reputation.

For example, if a mascot illustration is altered in a way that significantly changes its meaning or damages the creator's reputation, the creator may be entitled to object.

(Sections 13 and 25 of the Copyright Act 1987)

What Are the Limitations of Copyright Protection?

At this point, some business owners may wonder:

"If copyright already protects my logo or mascot, why do I still need trademark protection?"

The answer lies in understanding what copyright actually protects.

Copyright primarily protects the artistic expression embodied in a work. It generally prevents others from copying, reproducing, distributing or using the same work, or a substantially similar version of it, without permission.

If someone takes your logo, mascot or design and reproduces it directly, or creates something substantially similar to it, copyright may give you the right to take legal action.

However, this is where many business owners misunderstand the scope of copyright protection.

Copyright generally does not protect ideas, themes, concepts or commercial branding strategies. It protects the expression of those ideas.

For example, imagine your company uses a cute lion mascot wearing a crown, designed in a distinctive style with a unique facial expression, colour palette and artistic appearance.

A competitor later creates its own lion mascot wearing a crown, but uses a completely different artistic style, different proportions, different colours and a different visual identity.

Although the overall concept may appear similar, copyright may not necessarily prevent the competitor from using its mascot if the artistic expression is sufficiently different.

In other words, copyright may protect your specific mascot artwork, but it does not necessarily give you exclusive rights over the underlying branding concept.

This creates an important commercial gap.

A business may spend years building customer recognition and goodwill around a logo or mascot, only to discover that another company is using a similar brand identity that is not sufficiently similar to amount to copyright infringement.

This is one of the key reasons why trademark protection is often equally, if not more, important for brand owners.

While copyright protects the artwork, trademark protection helps protect the brand identity associated with that artwork.

What Is Trademark Protection?

If copyright is about protecting the artistic expression of a work, trademark protection is about protecting the identity of a business in the marketplace.

In Malaysia, trademarks are governed by the Trademarks Act 2019.

A registered trademark helps businesses prevent competitors from using identical or confusingly similar branding in relation to the same or related goods and services.

What Is a Trademark?

Legally, a trademark means any sign capable of being represented graphically and capable of distinguishing the goods or services of one undertaking from those of another.

(Section 2 of the Trademarks Act 2019)

In simpler terms, a trademark is what allows customers to identify your business and distinguish it from competitors.

When customers see your logo, mascot, brand name or other distinctive sign, they should immediately recognise the commercial source of the products or services.

That is the fundamental purpose of a trademark.

It helps consumers identify who is behind a product or service and reduces confusion in the marketplace.

Can a Mascot Be Registered as a Trademark?

Many people assume that a mascot is merely an artistic creation.

In reality, a mascot can be much more than that.

A mascot can function as a trademark when consumers begin associating it with a particular business, product or service.

Consider some of the world's most recognisable commercial mascots:

Michelin Man
Colonel Sanders
Monopoly Man

Did their faces immediately appear in your mind when you read their names?

That is exactly how trademarks work.

These characters are no longer merely illustrations. They have become powerful brand identifiers that consumers instantly associate with a particular commercial source.

For many businesses, the mascot becomes the "face" of the brand. Customers recognise the mascot long before they read the company name.

This is why a mascot is not merely an artwork.

When used consistently in the marketplace, it can evolve into a valuable trademark that embodies the business's reputation, goodwill and commercial value.

What Rights Does Trademark Registration Give You?

Trademark registration grants the registered proprietor the exclusive right to use the trademark, or to authorise others to use the trademark, in relation to the goods and services for which it is registered.

In practical terms, trademark registration confirms that the mark belongs to you in a commercial context.

More importantly, it gives you the legal right to take action against trademark infringement.

If another party uses a logo, mascot, brand name or other sign that is identical or confusingly similar to your registered trademark, and such use is likely to cause confusion in the marketplace, you may be entitled to enforce your trademark rights.

(Section 48 of the Trademarks Act 2019)

Unlike copyright infringement, trademark infringement is not limited to exact copying.

The focus is whether consumers may be misled, confused or led to believe that the competing goods or services originate from, are connected with, or are endorsed by the trademark owner.

For example, under the Trademarks Act 2019, infringement may occur where a person uses an identical or similar sign, without consent, in relation to identical or similar goods or services, and does any of the following:

a) applies the sign to goods or packaging;

b) offers or exposes goods for sale under the sign;

c) places goods on the market under the sign;

d) stocks goods for sale or distribution under the sign;

e) offers or supplies services under the sign;

f) imports or exports goods under the sign;

g) uses the sign on invoices, catalogues, business correspondence, price lists or other commercial documents, including digital documents; or

h) uses the sign in advertising or promotional materials.

(Section 54 of the Trademarks Act 2019)

Unlike copyright, trademark protection is generally not automatic.

Creating a logo or mascot does not automatically grant the full statutory rights available under the Trademarks Act 2019.

To secure those rights, businesses should apply for trademark registration as early as possible.

Copyright vs Trademark for Logos and Mascots: What's the Difference?

Here's a simple comparison:

Issue	Copyright	Trademark
Protects	Artistic or creative expression (e.g. logo artwork, mascot illustration)	Brand identity (e.g. logo, mascot, name as a source identifier)
Grant of protection	Automatically upon creation (no registration required)	Registration required for full legal protection
Main focus	Preventing copying or reproduction of the work	Preventing consumer confusion in the marketplace
Covers similar designs?	Mainly against substantially similar copying	Protection against confusingly similar branding, even not copying
Scope of protection	Can potentially extend beyond a single market use (protects the artwork itself regardless of industry use, subject to infringement test of copying)	Limited to registered goods/services classes
Validity	Long fixed duration, eg. The validity of an artistic work is life of author + 50 years	Forever provided timely renewal is filed
Renewal	Not required	Once every 10 years

Copyright Protects Creativity

There are two important aspects to understand.

i) Artistic Ownership

Copyright generally recognises the creator as the first owner of the artistic work once it is expressed in material form, such as a logo design, mascot illustration or branding artwork.

In other words, the person who creates the artwork is usually the first copyright owner.

However, this position is not absolute. Ownership may belong to an employer, or may later be assigned or transferred through a properly drafted agreement.

This is one reason why businesses should ensure that ownership of commissioned logos, mascots and branding materials is properly documented.

ii) Creator Rights

Once copyright subsists, the copyright owner enjoys exclusive rights to control how the work is used.

These rights include the right to reproduce, publish, distribute, communicate and commercially exploit the work, as well as the right to take legal action against infringement.

Trademark Protects Market Position

While copyright protects the creation of the artwork, trademark protection is concerned with what happens after the artwork enters the marketplace and begins building commercial value.

i) Customer Recognition

A trademark helps customers identify the commercial source of a product or service.

Customers often do not need to read every detail. By seeing a familiar logo, mascot or brand name, they immediately know who is behind the product or service.

ii) Brand Goodwill

A trademark becomes the vessel through which goodwill accumulates.

Trust, reputation, customer loyalty and positive experiences become attached to the trademark over time.

This is often why customers choose one brand over another, even when the products are otherwise similar.

iii) Commercial Exclusivity

A registered trademark grants the owner the exclusive right to use the trademark in relation to the goods and services for which it is registered.

It helps prevent competitors from using branding that may confuse customers or unfairly benefit from the reputation that the business has built.

Trademark Protection Is Often Stronger from a Branding Perspective

Unlike copyright law, trademark law is generally not concerned with whether two artworks are substantially similar.

Instead, the key question is whether consumers are likely to be confused.

Importantly, confusion is not assessed based solely on visual appearance.

The assessment may take into account various factors, including:

Visual similarity
Pronunciation
Conceptual meaning
Nature of the goods or services
Distinctiveness of the marks
Overall commercial impression created by the marks

For example, two trademarks may look completely different visually but sound identical when spoken. In certain circumstances, consumers may still believe that both originate from the same business.

Where such confusion exists, trademark infringement may arise.

(Section 9 of the Trademarks Act 2019)

Why Many Businesses Should Consider Both Copyright and Trademark Protection

Dual Protection Creates a Stronger Enforcement Position

In many cases, businesses do not need to choose between copyright and trademark protection.

Why choose when you can register both? You are an adult right? (iykyk)

A logo or mascot can potentially enjoy both forms of protection simultaneously.

This places the business in a much stronger position if disputes arise in the future.

The reason is simple: different legal rights address different types of problems.

If a competitor closely copies your mascot artwork or logo design, you may be able to rely on copyright infringement.

If a competitor coincidentally uses branding that creates confusion among consumers, without copying yours, you may be able to rely on trademark infringement.

Depending on the circumstances, both causes of action may even be available.

Think of it as having two layers of protection rather than one.

If one legal argument becomes difficult to establish, another may still be available.

For businesses investing significant time and resources into building their brands, dual protection is often less about being overly cautious and more about creating stronger enforcement options when disputes arise.

How Copyright and Trademark Protection Support Business Expansion

They are valuable intellectual property assets that can support business growth, licensing opportunities, franchising, partnerships, investment discussions and long-term brand value creation.

Licensing and Franchising

If you intend to license or franchise your business in the future, your brand may become one of your most valuable commercial assets.

A properly protected trademark helps demonstrate ownership, creates legal certainty and provides a stronger foundation for licensing and franchise arrangements.

Potential licensees and franchisees are generally more comfortable investing in a business when the underlying brand assets are clearly identified and protected.

If you would like to learn more about this topic, you may also wish to read our article: Do I Need to Register a Trademark Before Franchising?

Merchandise and Brand Extensions

Many successful brands eventually expand beyond their original products or services.

Consider the popularity of branded merchandise and collectibles offered by companies such as Starbucks, MIXUE and Pop Mart.

A mascot that customers recognise today may eventually appear on:

T-shirts
Stationery
Collectibles
Packaging
Promotional materials
Digital products

The stronger your intellectual property position, the easier it becomes to control, license and monetise these opportunities.

What begins as a simple mascot design may eventually become a valuable revenue-generating brand asset.

International Expansion

As businesses expand beyond Malaysia, intellectual property protection becomes even more important.

One of the most common misconceptions among business owners is that trademark protection obtained in Malaysia automatically extends worldwide.

It does not.

Trademark rights are generally territorial in nature. Protection obtained in Malaysia does not automatically protect your brand in Singapore, China, Australia, the United States or other jurisdictions.

As businesses enter overseas markets, distributors, investors, business partners and foreign associates often want clarity on:

Who owns the brand?
Is the trademark registered?
Are the necessary rights properly secured?
Are there risks of third parties claiming ownership?

A well-protected brand is generally much easier to expand internationally than a brand with uncertain ownership or protection gaps.

Collaborations and Strategic Partnerships

Collaborations have become one of the most effective ways for businesses to increase brand visibility, reach new audiences and create new commercial opportunities.

While businesses can collaborate without registered intellectual property rights, doing so may create avoidable commercial risks.

Potential partners may naturally ask questions such as:

"Who owns the brand?"

"What happens if ownership is disputed later?"

"Can someone else register the brand before us?"

These uncertainties can weaken a business's negotiating position and make a collaboration less attractive.

More importantly, sophisticated business partners, investors, franchisees and licensees often conduct their own due diligence before committing resources to a project.

If ownership of the brand is unclear or insufficiently protected, they may be concerned that another party could later challenge ownership or obtain competing rights.

In many cases, properly protected intellectual property does not merely reduce legal risk. It also increases commercial credibility.

Final Thoughts

They are complementary tools that serve different purposes within a broader intellectual property strategy.

Trademark protection safeguards the brand identity that customers recognise in the marketplace.

For many businesses, the question is not whether copyright or trademark is better.

The more practical question is how valuable the logo, mascot or brand identity is to the future of the business, and whether a single layer of protection is sufficient.

As a business grows, the commercial value attached to its branding often grows with it.

Protecting that value early can help avoid costly disputes and missed opportunities later.

If you are considering how to protect your logo, mascot or brand identity in Malaysia or internationally, IP Gennesis assist businesses with:

Trademark registration in Malaysia and overseas
Copyright protection strategies
Brand enforcement and protection
Intellectual property commercialisation
Licensing and franchise-related IP matters
International IP protection and expansion strategies

The appropriate protection strategy will depend on your business objectives, industry and expansion plans. Seeking advice early often costs far less than resolving an ownership or infringement dispute later.

Written by,

Ong Wei Jun

IP Consultant

Registered Trademark Agent

Lawrence Tan

Registered Trademark, Patent and Design Agent

LL.B (HONS), CLP

Advocate & Solicitor

Disclaimer:

This article is provided for general informational purposes only and does not constitute legal advice.

For advice tailored to your specific situation, please contact us separately, or consult a qualified patent agent, patent attorney, or legal professional.