A trademark application in Uruguay is filed online at the DNPI, by the owner or an industrial property agent, and one application can cover several classes. This guide, checked against Law 17,011, Decree 34/999, the DNPI’s 2024 examination guide and the 2024 Code of Administrative Litigation, explains each step and legal deadline, the 30 calendar days for oppositions, the ex officio search for earlier marks, what foreign owners need without the Madrid System, powers of attorney, fees by class, the official processing time, renewal and non-use.
How to Register a Trademark in Malaysia: MyIPO Steps, Agent Rule and Timeline
Written by Emily Brooks ·
To register a trademark in Malaysia, you file one application with the Intellectual Property Corporation of Malaysia (MyIPO), normally online. MyIPO examines the mark, including its own search for earlier conflicting marks, publishes accepted applications in the Intellectual Property Official Journal for a 2-month opposition window, and then registers the mark as at its filing date, for 10 years. If you do not live or principally do business in Malaysia, the Trademarks Act 2019 requires you to file through a registered Malaysian trademark agent, which is why foreign owners usually register their trademark in Malaysia through a local representative.
Verified in November 2026 against the Trademarks Act 2019 (Act 815), the Trademarks Regulations 2019, MyIPO's Guidelines of Trademarks 2019 (version VA1-2026, in force since 1 February 2026) and WIPO records. Procedures change; each step below names its source.
Malaysia trademark registration at a glance
| Question | Answer | Source |
|---|---|---|
| Where do you file? | MyIPO, electronically by default (IP Online) | MyIPO Guidelines, para. 30 |
| Can foreigners file? | Yes. Anyone who claims to own the mark and uses or intends to use it | Trademarks Act 2019, s.17(1) |
| Is a local agent required? | Yes, if you do not reside or principally carry on business in Malaysia | Trademarks Act 2019, s.95(2) |
| Several classes in one application? | Yes, and it results in one registration. Fees are charged per class | Act s.18; Regulations, First Schedule |
| Does MyIPO check earlier marks itself? | Yes. The Registrar searches earlier trademarks and refuses conflicts | Act ss.24 and 29(2) |
| Opposition period | 2 months from publication, extendable by up to 2 more months | Regulations, reg.23 |
| Official time to registration | MyIPO does not publish one | See "How long it really takes" below |
| Duration | 10 years from the filing date, renewable every 10 years | Act ss.36(1) and 39(1) |
| Late renewal | 6 months after expiry with a surcharge, then 6 more months to restore | Act s.39(5)-(10) |
| Use requirement | No proof of use to register; open to revocation after 3 years of non-use | Act s.46 |
Malaysia's register is driven by foreign brands. According to MyIPO's own statistics, in 2024 it received 56,040 trademark applications, of which 34,576 (61.7%) came from abroad, and it registered 43,167 marks. Filings have risen every year since 2022 (50,497 in 2022 and 52,248 in 2023).
Who can file, and when you need a Malaysian agent
Any person who claims to be the bona fide owner of a mark can apply, as long as they use it or intend to use it in the course of trade, or authorize someone else to (s.17(1)). Nationality does not matter. What matters is where you are based:
- If you do not reside or carry on business principally in Malaysia, an agent is mandatory. The Act says such a person "shall appoint and authorize a registered trademark agent to act for him" (s.95(2)), and the agent's address becomes the address for service (s.151(6)-(7)).
- The test is residence, not passport. Many guides say "all foreigners need an agent". The law is narrower: a foreign-owned company whose principal business is in Malaysia can file itself, while a Malaysian citizen living abroad needs an agent.
- Residents may file alone or through an agent (s.95(1)).
- Who can be an agent: a citizen, domiciled person or permanent resident of Malaysia, practising in a business registered in Malaysia, who has completed MyIPO's courses and passed its examination (Regulations, reg.110). MyIPO keeps a public Register of Trademark Agents (s.96), and each agent's registration runs to 31 December of the year.
- No address for service means MyIPO can give you 2 months to supply one; if you do not, the application is deemed withdrawn (Guidelines, para. 37).
When we file in Malaysia, the work is done by licensed local trademark attorneys, and all we need from you is a simple power of attorney: a signed copy, with no notarization or legalization. We can file first and receive the power of attorney afterwards, which protects your filing date.
Before you file: search, and what MyIPO examines
Malaysia is not a "file and wait for opposition" system. Under s.29(2) of the Act, the Registrar "shall carry out a search, to such extent as he considers necessary, of earlier trademarks", and must refuse a mark that is identical or confusingly similar to an earlier mark for identical or similar goods or services (s.24(1)-(3)). MyIPO examines two kinds of grounds:
- Absolute grounds (s.23): whether the sign can distinguish your goods or services. Marks that lack distinctive character, are descriptive or generic, or are deceptive are refused.
- Relative grounds (s.24): conflicts with earlier marks. A letter of consent from the earlier owner can overcome the objection (s.24(7)). Passing off and copyright claims are not raised by the examiner; a third party has to raise them in opposition (s.24(4)-(6)).
Two details catch applicants out. First, an expired earlier mark keeps counting against you for 12 months after its expiry (s.24(8)), so a registration that has just lapsed can still block yours. Second, a very broad specification, such as whole class headings, can be refused unless your use or intended use justifies it (Regulations, reg.11(4)).
MyIPO points applicants to an online Similar Mark Search, and a paid, per-class "preliminary advice and search" (s.13). If you rely on a favourable preliminary search and are later refused on the same grounds, you can withdraw within 2 months and recover the filing fee (reg.16). A professional search goes further: it looks for similar marks, not only identical ones, and judges the risk class by class. You can run a trademark search in Malaysia with us before you commit to filing fees.
What the application needs
- The mark and its nature: a clear indication of the type of mark, a graphical representation and, for a mark claiming colour, the colour limitation (reg.7).
- Owner details and, for a non-resident, the appointed registered agent.
- Goods and services by Nice class. One application can cover several classes (s.18). Since February 2026, MyIPO's pre-approved list follows the 13th edition of the Nice Classification, which took effect on 1 January 2026. Choosing descriptions from that list carries a lower official fee per class than free-text descriptions.
- Translation and transliteration of any word that is not in Malay or English, or not in Roman characters (s.17(3); reg.12).
- Priority claim, if any: within 6 months of your first filing abroad (s.26). It must be claimed when you file or within 3 days, and a certified copy of the earlier application is needed only if MyIPO asks for it (reg.10).
The Act accepts more than words and logos: shape, colour, sound, scent, hologram, positioning and motion signs all qualify (s.2). A sound mark is filed as an MP3 file of up to 5 MB, a hologram or motion mark as an MP4 of up to 20 MB, and a scent mark as a description in words (Guidelines, Seventh Schedule). Up to six closely similar marks can be filed as a series in one application (s.21). If you are protecting a sound mark elsewhere too, our guide to registering a sound mark covers how other offices treat them.
The filing date is the day MyIPO receives an application that meets the minimum requirements; if they are met on different days, it is the last of them (s.22). A formal defect fixed late gives the application a new, later filing date (reg.14(5)), so it pays to file a complete application the first time.
The MyIPO procedure, step by step
- Search and study the mark before filing (optional, recommended).
- File the application with MyIPO, through an agent if you are not based in Malaysia.
- Formality check. Defects must be fixed within the time MyIPO gives, extendable by no more than 1 month (reg.14).
- Substantive examination on absolute and relative grounds, including MyIPO's search of earlier marks (s.29).
- Provisional refusal, if any. You answer with written arguments, a hearing request, an amendment or evidence by statutory declaration, within the period stated in the notice, extendable by up to 6 months (reg.17). No answer means the application is deemed withdrawn (s.29(6)).
- Acceptance and publication in the Intellectual Property Official Journal (s.31).
- Opposition window of 2 months, extendable by up to 2 more (reg.23).
- Registration. MyIPO registers the mark as at the filing date and issues a sealed notification of registration. A certificate of registration is optional and is issued on request, for a fee (s.36).
Malaysia trademark deadlines at a glance
| Step | Deadline | Rule |
|---|---|---|
| Claim Paris priority | File within 6 months of the first application; claim at filing or within 3 days | Act s.26; reg.10 |
| Fix a formal deficiency | Period set by MyIPO, extendable by up to 1 month; a late fix gets a new filing date | reg.14 |
| Answer a provisional refusal | Period stated in the notice, extendable by up to 6 months | Act s.29(5); reg.17(2) |
| After a total provisional refusal | 2 months to ask for written grounds; 1 month from the grounds to appeal to the High Court | reg.17(6)-(10) |
| Third-party opposition | 2 months from publication, plus at most 2 months' extension | reg.23 |
| Applicant's counter-statement | 2 months from receiving the notice of opposition | reg.24 |
| Refusal of a Madrid designation | MyIPO has 18 months to notify it | WIPO Information Notice 58/2019 |
| Renewal | In the 6 months before the 10-year term ends | Guidelines, para. 15 |
| Late renewal | Up to 6 months after expiry, with a surcharge | Act s.39(5) |
| Restoration | Up to 6 months after the mark is removed | Act s.39(9) |
| Non-use exposure | 3 years after the notification of registration | Act s.46(1) |
How long it really takes
Most guides say a Malaysian trademark takes "12 to 18 months", some "12 to 24". None of them cite a source, and we could not find one: MyIPO's statistics and guidelines do not state an average time to registration, and the only MyIPO client charter we found online covers 2012-2015. What the law does fix is the tail of the process: once a mark is published, nothing can be registered until the 2-month opposition window has closed, or up to 4 months if someone obtains an extension.
For planning, we tell clients to expect about 14 months for an application with no objection and no opposition. An objection adds at least one response cycle, and an opposition adds rounds of counter-statements and evidence that each run for 2 months (reg.24-30). The registration still dates back to the filing date (s.36(1)), so your 10-year term and your priority against later filers start the day you file, not the day MyIPO finishes.
There is a legal fast lane, but it is narrow. Expedited examination can be requested, for a fee per class, when the request is in the national or public interest, when infringement proceedings are under way or there is evidence of potential infringement, or when registration is a condition for a government monetary benefit (Act s.17(5); reg.8). MyIPO's request form also allows "other reasonable grounds". It is not available for collective marks, certification marks or non-traditional marks such as colour, sound, scent, hologram, positioning and motion marks, and MyIPO does not publish a target time for it.
For a comparison with other offices, see our table of official trademark registration times by country.
If someone opposes your application
Anyone can oppose within 2 months of publication. The opponent must serve you a copy and file proof of service within 14 days (reg.23). You then have 2 months from receiving the notice to file a counter-statement. If you do not, the application is deemed withdrawn for the opposed goods or services (reg.24; s.35(4)). Evidence follows in 2-month rounds, by statutory declaration, before the Registrar decides (reg.25-30). Two points matter to foreign owners:
- Passing off and copyright arguments surface here, not in examination (s.24(4)-(6)). Malaysia protects earlier users of unregistered marks, so a local business that used a similar name first can oppose you.
- Security for costs. If you neither reside nor carry on business in Malaysia, MyIPO or the court can order you to give security for costs (s.35(13)).
Responses to objections and oppositions are not part of a standard filing anywhere. We quote them separately, with the recommended strategy, before taking any action.
After registration: renewal, late renewal and restoration
A Malaysian registration lasts 10 years from the date of registration (s.39(1)), and the Act deems that date to be the filing date (s.36(1)). Renewals run for further 10-year periods, and you can renew some classes and drop others (s.39(2)). MyIPO may send a reminder at least a month before expiry, but it is not obliged to, so do not rely on it.
| Window | What you can do | Rule |
|---|---|---|
| 6 months before expiry | Normal renewal | Guidelines, para. 15; Act s.39(4) |
| Up to 6 months after expiry | Late renewal with a surcharge; the renewal takes effect from the expiry date | Act s.39(5)-(7) |
| Up to 6 months after removal | Restoration, with a restoration fee | Act s.39(8)-(9) |
| After that | The registration ceases; you must file a new application | Act s.39(10) |
In practice, that gives an owner up to about 12 months after expiry to save a Malaysian registration, but the late steps cost more each time. You can renew your trademark in Malaysia with us, including late renewals up to 6 months after expiry.
Use it or risk losing it
Malaysia does not ask for proof of use to register a mark or to renew it. It does let an aggrieved person ask the High Court to revoke a registration that has not been used in good faith in Malaysia for 3 years after the notification of registration, or whose use has been suspended for an uninterrupted 3 years without proper reasons (s.46(1)). Use that resumes only in the 3 months before the revocation application is ignored, unless preparations began before the owner knew a challenge was coming (s.46(3)). Keep dated evidence of sales, advertising and distribution in Malaysia.
National filing or a Madrid designation
Malaysia joined the Madrid Protocol on 27 September 2019, with effect from 27 December 2019 (WIPO Information Notice 58/2019). It is party to the Protocol only, not to the older Madrid Agreement. If you already have a home application or registration, you can designate Malaysia in an international registration, but Malaysia's declarations change the picture:
- 18 months to refuse. MyIPO has 18 months, not the default 12, to notify a provisional refusal, and refusals based on an opposition can come later still.
- Declaration of intention to use. Malaysia requires one when it is designated.
- Licences recorded at WIPO have no effect in Malaysia; they must be recorded locally.
- Malaysia charges an individual fee for each designation.
A national filing is examined under Malaysian practice from day one and does not depend on any home filing. Our comparison of national vs. international trademark registration sets out when each route makes sense. If you are also filing nearby, see our guide on how to register a trademark in Singapore, where the office does not require a local agent but does require a local address.
What Protect.TM handles for a Malaysia trademark
| Service | Included? |
|---|---|
| Comprehensive Trademark Study (conflict search and attorney-reviewed registrability, with a risk rating) | Yes, delivered within one business day |
| Filing with MyIPO by licensed local attorneys, official filing fees included | Yes, with a filing report showing the application number and filing date |
| Paris Convention priority claim | Yes |
| Response to a MyIPO objection or defense against an opposition | Quoted separately before any action |
| Renewal, including late renewal up to 6 months after expiry | Yes |
| Power of attorney | Simple signed copy; no notarization or legalization. It can follow the filing |
Frequently asked questions
How long does trademark registration take in Malaysia?
MyIPO does not publish an official average. Without objections or oppositions, we plan on about 14 months. The 2-month opposition period after publication is the only fixed part, and the registration is backdated to the filing date.
Can a foreigner register a trademark in Malaysia?
Yes. Nationality is irrelevant, but anyone who does not reside or principally carry on business in Malaysia must act through a registered Malaysian trademark agent (Trademarks Act 2019, s.95(2)).
How long is a Malaysian trademark valid?
10 years from the filing date, which the Act deems to be the date of registration, renewable indefinitely in 10-year periods.
Is there a grace period to renew a trademark in Malaysia?
Yes, 6 months after expiry with a surcharge. After that the mark is removed, and it can be restored within 6 months of removal. Then it ceases for good.
Does MyIPO check for similar trademarks?
Yes. The Registrar searches earlier trademarks during examination and refuses conflicting applications, and an expired mark still counts for 12 months after it lapses.
Can I file one application for several classes in Malaysia?
Yes. Under the Trademarks Act 2019, one application can list goods and services in several classes and results in a single registration. Official fees are still charged per class.
Ready to protect your brand in Malaysia? Start with a study of your mark, then register your trademark in Malaysia with our local attorneys handling every MyIPO deadline.