A Step-by-Step Guide to Trademark Registration in Malaysia (2025 Edition)

IP Gennesis
Apr 3, 2020
11 min read

Updated: 5 days ago

Your trademark is more than just a logo — it’s the identity of your business. It serves as a powerful tool to distinguish your products or services from those of your competitors, building brand recognition and consumer trust over time. When combined with a strong branding strategy, a well-protected trademark can generate millions — even billions — in value for a company.

In today’s competitive landscape, savvy entrepreneurs understand that trademark registration isn’t optional — it’s essential. But for many, the process can seem overwhelming, filled with legal jargon, paperwork, and delays.

Don’t worry. This guide breaks down the trademark registration process in Malaysia into clear, manageable steps. Whether you’re a startup founder, business owner, or legal team member, you’ll find this roadmap simple to follow — and aligned with how trademarks are registered globally.

🧭 What Are the Steps to Register a Trademark in Malaysia?

Before we dive into the full process, here’s a quick overview of the 8 key steps involved in registering a trademark in Malaysia:

Design a Distinctive Trademark
Create a brand asset that complies with Malaysia’s trademark laws.
List the Goods or Services and Determine Classification
Identify the exact items your trademark will cover and assign the correct class under the Nice Classification.
Conduct a Pre-Filing Trademark Search
Check if your trademark conflicts with any existing marks in Malaysia or abroad.
Identify the Trademark Owner
Decide whether the trademark should be owned by an individual, company, or other entity.
Prepare and File the Trademark Application
Submit your application with all required documents and fees.
Undergo Examination by the Registrar
The Registrar will assess whether your trademark meets legal requirements.
Publication and Opposition Period
Your application is published for public review.
Trademark Registration and Use of ®
Once approved, you’ll receive legal protection and can begin using the ® symbol.

👇 Now, let’s dive into the complete step-by-step guide to registering your trademark in Malaysia, so you can protect your brand with confidence.

Step 1: Design a Distinctive Trademark

It might sound basic, but this is where it all begins — designing your trademark. And no, it’s not just about creating a logo.

Under the Trademarks Act 2019 of Malaysia, a trademark is broadly defined. It includes any sign — such as a letter, word, name, signature, numeral, device, brand, label, ticket, shape of goods or their packaging, colour, sound, scent, hologram, positioning, sequence of motion, or any combination of these. Sounds complication? Well, it means as long as the mark can be:

Represented graphically, and
Clearly distinguishes your goods or services from others in the market

This means that your trademark could be as simple as a unique word or as complex as a jingle or animated sequence.

While creativity and visual appeal are important, your design must also meet the legal requirements set out in the Malaysian Trademarks Act 2019. Most importantly, your trademark must avoid falling under the “absolute” and “relative” grounds for refusal, which we’ll explore later in the process.

✅ Pro Tip: Don’t just make your trademark look good — make sure it’s legally sound and capable of registration. A professionally reviewed trademark design can save you time and costly rejections down the road.

Step 2: Identify the Goods or Services and Determine the Trademark Classification

Once you’ve designed your trademark, the next critical step is to decide what exactly you want to protect.

A trademark registration only covers the specific goods and/or services listed in the application. This means it’s vital to carefully think through and list down every product or service your trademark will represent.

After preparing your list, you’ll need to determine which classes they fall under using the internationally recognized Nice Classification system. This classification categorizes goods and services into 45 different classes (Classes 1–34 for goods, and Classes 35–45 for services).

This step is more important than many entrepreneurs realize. Your trademark will only be protected in the classes you select during registration. If you miss certain goods or services, your trademark will not be protected in those areas — potentially leaving your brand vulnerable.

✅ Pro Tip: While it’s tempting to register in only one class to save costs, consider covering as many relevant classes as possible to ensure your trademark enjoys comprehensive protection.

In short, take your time with this step. Triple-check your list to avoid gaps that could expose your brand to risks in the future.

Step 3: Conduct a Pre-Filing Trademark Search

Before jumping straight into filing, it’s wise — and highly recommended — to perform a pre-filing trademark search to assess the likelihood of your trademark being accepted.

This search primarily focuses on identifying any existing trademarks in the Malaysian Trademark Registry that may be identical or similar to yours. If needed, you can even expand your search to other countries’ databases if you have international ambitions.

While this search is optional and unofficial, it serves as an important risk assessment tool. Alternatively, you can request an official pre-filing search from the Malaysian Registry of Trademarks for more certainty.

Why is this so important?

Because trademark examination is not immediate. It can take months — or even more than a year — for the Trademark Office to issue a decision. By that time, discovering that your trademark is not registrable can be both disappointing and costly.

While many trademark databases are publicly accessible, don’t be fooled — trademark searching is not as simple as typing a name into a search bar. There are many nuances, such as:

Identifying marks with similar appearances or sounds
Understanding absolute and relative grounds of refusal (This part alone could take a competent trademark attorney a few years to learn!)
Assessing overall registrability under the Trademarks Act 2019

For this reason, it is prudent to engage a qualified trademark agent or attorney who can conduct a thorough and legally sound search. Their expertise can greatly improve your chances of success and save you from future headaches.

If you would like to learn how to conduct a proper trademark search yourself, check out our detailed guide here:

👉 How to Conduct a Trademark Search

✅ Pro Tip: A trademark search isn’t a crystal ball — but it does offer valuable insight into your chances of registration and can help you avoid costly mistakes.

Step 4: Identify the Trademark Owner

Next, it’s time to decide who will officially own the trademark.

Under the Malaysian Trademarks Act 2019, a trademark may be registered under the name of:

An individual
A company
An organization, or
Joint Ownership

While this may seem straightforward, it’s actually a very important decision that requires careful consideration. The chosen owner will hold the exclusive legal rights to the trademark.

If the ownership isn’t planned properly, you may later need to transfer the trademark ownership, which can lead to unnecessary legal procedures and extra costs.

✅ Pro Tip: Think ahead. Determine the most suitable owner right from the start — whether it’s your personal name, your company, or another legal entity — to ensure smooth brand protection and avoid ownership issues in the future.

If you’re unsure who should rightfully hold the trademark, we have a helpful resource that dives deeper into this topic.

👉 Who Should Be the Trademark Owner — Individual or Company?

Choosing the right owner from the beginning can save you time, money, and potential complications down the line!

Step 5: Prepare and File Your Trademark Application

Once you’ve determined the trademark owner, it’s time to move forward and file your trademark application in Malaysia.

To get started, you will need to prepare the following details and documents:

📌 Information Needed for Trademark Application in Malaysia

Full name of the applicant
Full address of the applicant
Detailed list of goods and services covered by the trademark
Class number based on the Nice Classification
High-resolution softcopy of the trademark
Priority claim details (if claiming priority rights)
Certified translation of the trademark (if it includes non-Roman characters)

It’s important to note that different countries have varying requirements when it comes to trademark applications:

China requires only a simple signed Power of Attorney.
Thailand demands a notarized Power of Attorney.
United States applicants must also state the basis of their application.

Because these requirements vary from country to country, it’s highly advisable to engage a competent trademark agent or attorney. Their experience can help ensure that your application meets all the formalities and avoid costly mistakes, such as refusals or office actions from the trademark office.

Once everything is prepared, you can proceed with:

Filing the official trademark application form
Paying the prescribed filing fees

💡 Note: The total filing cost will depend on the number of classes selected — more classes mean higher fees.

⚡ Can You Use the ® Symbol Immediately After Filing?

Not yet!

In Malaysia, it is actually an offence to falsely represent a trademark as registered if it hasn’t been officially registered. Doing so may result in a fine of up to RM10,000.00. This rule is not unique — many countries have similar legal prohibitions.

Until your trademark is officially registered and you receive the registration certificate, you should only use the “TM” symbol to indicate that your trademark is pending protection.

✅ Pro Tip: Use “TM” during the application stage and switch to ® only after successful registration to stay compliant with the law.

Step 6: Trademark Examination by the Registrar

Once your trademark application is filed, the next phase begins — the examination process conducted by the Registrar of Trademarks in Malaysia.

The examination consists of two main stages:

📝 1. Formality Examination

In this first stage, the Registrar will verify the documents and details submitted with your application. This includes checking that:

All required information is provided
The application complies with the formal filing requirements

If any irregularities or deficiencies are identified, the applicant will be given an opportunity to respond and rectify the issues. It’s important to address these promptly to avoid unnecessary delays.

🔍 2. Substantive Examination

Once the formalities are cleared, the application moves to the substantive examination stage, where the Registrar assesses the registrability of your trademark based on legal criteria under the Trademarks Act 2019.

The Registrar will evaluate several important factors, such as:

Whether the trademark possesses distinctive character
Whether it falls under the absolute or relative grounds of refusal
Whether it is contrary to public interest or morality

This examination is crucial, as only trademarks that meet all requirements will proceed toward registration.

In Malaysia, this process typically takes about 6 to 12 months. However, timelines may vary in other countries based on their respective trademark office backlogs and examination procedures.

💡 Want to know what makes a trademark registrable in Malaysia?

👉 Discover the Top 5 Key Requirements for Trademark Registration in Malaysia

🚩 What If There Are Objections on Your Trademark Application?

If your trademark does not meet the required standards, the Registrar will issue a refusal notice. Fortunately, this doesn’t necessarily mean the end of the road.

You will be given an opportunity to:

Respond to the refusal, explaining why the trademark should be accepted, or
Amend the application, if necessary, to address the Registrar’s concerns

✅ Pro Tip: Responding effectively to objections can be complex. To improve your chances of success, it’s advisable to consult with a trademark professional who can craft a well-reasoned and persuasive response.

If you encounter this situation, don’t worry — we’ve got you covered.

👉 Learn How to Overcome a Trademark Refusal in Malaysia

This guide will help you navigate refusals and improve your chances of getting your trademark registered.

Step 7: Publication in the Malaysian IP Official Journal

Once the Registrar is satisfied that your trademark meets all the legal requirements under the Trademarks Act 2019, your application will be accepted and move to the next important stage — publication.

At this point, the trademark will be advertised in the Malaysian IP Official Journal, a public record that allows anyone to review newly accepted trademark applications.

📢 Public Opposition Period (2 Months)

Following publication, there is a 2-month window during which any member of the public or businesses may choose to oppose the trademark registration.

This opposition period is crucial because it gives others the chance to raise concerns, especially if they believe your trademark conflicts with their existing rights.

⚖️ What Happens If Someone Opposes Your Trademark Registration?

If your trademark faces opposition, it will not proceed directly to registration. Instead, the matter will enter into a formal opposition proceeding, which typically involves:

Filing a notice of opposition
Submitting a counter statement
Exchanging statutory declarations and evidence
Presenting legal submissions from both parties

This can be a technical and time-consuming process requiring strategic handling.

If you wish to understand this in greater detail, read our dedicated article on this topic:

👉 How Trademark Opposition Works in Malaysia

This guide explains the process step-by-step and what you can expect if your trademark is opposed (or in case you wish to oppose someone else’s trademark!)

✅ If No Opposition is Filed

If no one opposes your trademark during the publication period, the process will continue smoothly. Your trademark will then proceed to registration, granting you exclusive rights in respect of the listed goods and services.

Step 8: Trademark Registration and Exclusive Rights

Once your trademark application has successfully passed all stages — including examination and publication — it will reach the final and most rewarding step: registration.

Upon registration, the Registrar of Trademarks will issue an official notification of registration, sealed by the Registrar.

If you wish to have a certificate of registration for your records, you may request one, and the Registrar will issue this formal certificate, which serves the same legal purpose as the notification.

✅ Next Step: Protect Your Trademark with Confidence

Congratulations!!! By completing this process, your trademark is now legally protected and secured.

However, trademark management does not stop here. Staying compliant, enforcing your rights, and ensuring your trademark remains in good standing are all ongoing tasks.

When Can You Start Using the ® Symbol?

At this stage, your trademark officially becomes protected by law. As the registered proprietor, you now have the exclusive right to use the trademark in relation to the goods or services specified in your registration.

You are also entitled to start using the ® symbol alongside your trademark to signify that it is registered and legally protected.

This protection is granted for an initial period of 10 years from the filing date. However, unlike many other rights, a trademark can potentially last forever — as long as it is renewed every 10 years without interruption.

✅ Pro Tip: Trademark registration is not a one-time exercise. To maintain your rights, always keep track of renewal deadlines and ensure timely renewals.

⏳ How Long Does the Registration Process Take?

In general, a smooth trademark registration process in Malaysia takes around 12 to 18 months from the date of filing.

However, if there are complications such as office actions or opposition proceedings, the process can take considerably longer.

🔎 Post-Registration Responsibilities on Trademark Registration

Your responsibilities as a trademark owner do not end at registration. To maintain your trademark rights:

Regularly review your registration to ensure continued validity
Be aware that some countries impose post-registration compliance requirements, such as proof of use, to maintain trademark protection

Does My Trademark Registration Cover Every Part of the World?

Not quite — and this is a very important point that many business owners overlook.

Your trademark rights are territorial, meaning your registration in Malaysia only protects your trademark within Malaysia.

If you want to secure your brand in other countries, you will need to file separate trademark applications overseas.

This is especially crucial if you plan to:

Expand your business internationally
Export your products or services
Prevent overseas competitors or counterfeiters from using your brand

✅ Pro Tip: There are two main ways to protect your trademark internationally:

Direct national filings in each country of interest
Using the Madrid Protocol (International Trademark System) for streamlined filing in multiple countries (if eligible)

If you’re considering international protection, make sure to read our dedicated guide for global filing strategies:

👉 How to Register Your Trademark Globally — A Practical Guide

If you are ready to protect your brand and secure your business’s most valuable asset, contact us today. Our professional team is ready to assist you in safeguarding your trademark for the long term.

👉 Contact Our Trademark Experts Now!

Flowchart of Trademark Registration in Malaysia

[Download] Trademark Registration Process Flowchart

Written by,

Lawrence Tan

Registered Trademark, Patent and Design Agent

LL.B (HONS), CLP

Advocate & Solicitor (Non-Practising)

Ong Wei Jun

IP Consultant Registered Trademark Agent

Bachelor of Communication

Disclaimer: The above information is merely for general sharing and does not constitute any legal advice. Readers are advised to seek individual advice from the professionals.