On 27 December 2019, the new Malaysian Trademarks Act 2019 (Act) will be implemented and on the same day, Malaysia will accede to the Madrid Protocol.
A number of significant changes have been made under the new Act including:
- multi-class applications will now be allowed in Malaysia;
- registration of non-traditional trade marks, including shape trade marks, colour, sound, scent etc are now allowed;
- filing of international applications are allowed under the Madrid Protocol;
- trade marks may be assigned or charged as security like other forms of personal or movable property;
- actions and remedies for groundless threats of infringement are now available;
- applications may be refused on absolute and/or relative grounds; and
- the scope of infringement has been expanded and additional categories of remedies have been introduced.
For Australian trade mark owners wishing to expand their brand into the Malaysian market, the most significant change is the ability to designate Malaysia under an international application via the Madrid Protocol and for this designation to cover multiple classes.
If you require assistance with registering your brand in Malaysia, please contact us.