Trasomark: Everything You Need to Know

Trademark Registration in Malaysia

Step into Malaysia, a rising nation demanding attention. In 2022, Malaysia achieved a remarkable 8.7% GDP growth, the highest in 22 years despite the challenges of the COVID era. Its strategic location near Singapore, coupled with lower operational costs, and a strong common law legal system, position it as a compelling destination to establish your commercial presence. While trademark processing in Malaysia was once sluggish, recent years have seen significant improvements. From multinational corporations to local entrepreneurs, Malaysia offers a diverse marketplace where trademarks thrive and provides a secure environment for businesses to safeguard their brand. This article will provide an overview of the process for trademark registration in Malaysia and highlight some key aspects of the system.

Taiwan is an integral part of the Greater China Region sharing the same culture and language with mainland China, Hong Kong and Macau.

It is therefore no surprise that the economies of these regions are closely connected with each other. Taiwan’s well-developed infrastructure, including modern transportation systems, communication networks, and logistics facilities, make it easy to access markets in Asia and around the world.

With a strong focus on innovation and technology, particularly in the electronics and high-tech sectors, Taiwan is home to many global tech giants and is known as one of the world’s leading producers of semiconductors and computer components.

These factors have contributed to the rapid economic growth of Taiwan, attracting foreign investments and fostering expansion opportunities for businesses.

Registering trademark in Taiwan allows businesses to establish their brand presence in this dynamic market which can also facilitate them to expand their operations in the region.

In this article, we will provide you with an overview of the trademark registration process in Taiwan and discuss some of its key features.

Stardust IP

Stardust Intellectual Property is a group of expert consultants who are familiar with intellectual property and law. The advisory members have served as corporate intellectual property legal counsel for listed technology companies for many years and have the experience and ability to manage intellectual property rights and handle cross-border patent/trademark infringement disputes and litigation.

Malaysia Trademark Registration Process

The expected timeframe for completing a straightforward application is approximately 12 to 18 months.

1. Trademark Search

Before initiating the trademark registration process, conducting a comprehensive trademark search is crucial. This search helps assess the availability of the mark and identifies existing trademarks that might conflict with the proposed mark.

2. Application

Once the trademark search indicates the availability of the mark, the next step is to file a trademark application with MyIPO. The application can be submitted online through the MyIPO e-filing system or in person at the MyIPO offices. The application should include the applicant’s name and address, a clear representation of the mark, a description of the goods or services associated with the mark, and the filing fee. If you engage a trademark agent in Malaysia to file the application for you, a power of attorney will also be required. No notarization nor legalization is required.

3. Procedural Examination

After the application is filed, MyIPO will examine it to ensure that all the required information has been provided and there are no deficiencies.

4. Substantive Examination

If no deficiency is identified, MyIPO will conduct a substantive examination to assess the distinctiveness and potential conflicts of the mark. This examination includes reviewing existing trademarks and determining if the mark meets the criteria for registration.

5. Publication and Opposition

Upon approval of your trademark application, the mark will be published in the Malaysian Intellectual Property Journal. This publication allows third parties to oppose the registration within two months from the publication date if they believe their existing rights are being infringed upon by the mark.

6. Registration and Renewal

If no opposition is filed during the publication period, your trademark will be registered and you will receive a certificate of registration. Malaysia trademark registration is valid for 10 years from the date of application, not from the date of registration. It is possible to renew the registration for additional 10-year periods indefinitely.

Before submitting an application for trademark registration, it is recommended to conduct a trademark search in Taiwan to ensure that your desired trademark is available and not already registered by someone else.

Unfortunately, the Taiwan Intellectual Property Office (TIPO) does not provide official search, but you could engage a local trademark agent for conducting an unofficial trademark search in Taiwan.

It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share wOnce the search results warrant further action, you can submit an application for registration to the TIPO.

The application must include the name and address of the applicant, a clear image of the mark, a description of the goods or services that the mark will be used etc.

If you engage a trademark agent in Taiwan to file the application for you, a power of attorney will also be required.ith the world. Whatever it is, the way you tell your story online can make all the difference.

After your application is submitted, the TIPO will carry out a thorough check to see if all the required information has been provided and if they are correct.

At this stage, the TIPO will examine whether the application should be refused for any relative grounds or absolute grounds.

If your trademark application is approved, it will be published in the TIPO's official gazette for a period of three months.

During this publication period, third party has the opportunity to file an opposition to your registration.

If no opposition is filed during the publication period, your trademark will be registered and you will receive a certificate of registration.

Taiwan trademark registration is valid for 10 years from the date of registration, not from the date of application.

It is possible to renew the registration for additional 10-year periods indefinitely.

Key Aspects of Malaysian Trademark Registration

Trademark applications in Malaysia must be filed in either English or Malay. If any supporting document is not in one of these languages, a certified translation must be provided.
operates under a common law system, which means that the “first-to-use” rule applies to trademarks in the territory. Under Malaysian laws, trademark rights are acquired through use in commerce, rather than through registration. This means that the first party to use a trademark in commerce in Malaysia has the right to use and protect the mark in that geographic area, regardless of whether the trademark has been registered with the MyIPO.
Similar to many jurisdictions, Malaysia allows applicants to file a single application to protect their mark across multiple classes of goods or services. This simplifies the process and potentially reduces costs, although separate filing fees apply for each class included.
Series-mark is allowed for registration in Malaysia, meaning that a single trademark application can include multiple versions of a trademark, such as different standard fonts which does not substantially affect the identity of the trademarks or black and white versus color, with up to six versions of a mark in a series. Registering a series of marks under a single application can be more cost-effective than filing separate applications for each variation of the mark. It can also save time and simplify the registration process, as businesses only need to file a single application. That said, there is a limitation on the number of variations that can be included in a series mark application, and prioritize the variations for filing requires careful planning.
To allow trademarks to be registered within 6 months, you may file a prescribed form and additional fees along with written reasons. However, expedited examination is not applicable for non-convention marks such as collective mark, certification mark and sign which are colour, sound, scent, hologram, positioning or sequence of motion.

We hope you find this summary informative and can facilitate your self-application in Taiwan. That said, DIY trademark could be tricky and if you need professional advice and guidance on trademark law, including the registration process, potential issues, and strategies to protect your Taiwan trademark, Trasomark and a reliable trademark agent in Taiwan are available to assist you.

Please note that the information presented in this article offers a broad introduction, and it is recommended to seek guidance from Trasomark or a trustworthy trademark agent to receive comprehensive assistance concerning trademark registration in Malaysia.

Local Insights

Prior Rights against bad faith trademark applications and registrations in China

Trademark, as the legal basis of a brand, fundamentally serves the purpose of distinguishing the origin of goods/services. Therefore, the trademark to be applied cannot be identical or similar to prior trademarks owned by others. In recent years, China has consistently had the highest number of trademarks registered globally.

Read More →


The magnificent time we’re witnessing is appalling; one moment here and almost instantly, already elsewhere.

Read More →

If you were the Olympic Games 2024 Organizing Committee, How Would you Protect the Trademarks?

As the countdown to Paris Olympics 2024 continues, the anticipation is electrifying! Can you feel the buzz in the air? Envision the grandeur of the impending Opening Ceremony, promising to dazzle the world with its spectacle and splendor.

Read More →