Trademark Registration in the Malaysia: A Quick Overview
Trademark Registration in the Malaysia: A Quick Overview
In Malaysia, trademarks are governed by the Trademarks Act 2019 and managed by the Malaysian Intellectual Property Corporation (MyIPO). However, trademark registration is only one part of compliance. Businesses must also navigate local council regulations and language requirements set by Dewan Bahasa dan Pustaka (DBP).
Understanding these multi-layered requirements ensures your trademark is not only legally protected but also properly displayed and compliant across all regulatory touchpoints.
Three Layers of Trademark Compliance in Malaysia
- MyIPO Trademark Registration — Federal-level IP protection under Trademarks Act 2019. Provides exclusive nationwide rights for 10 years, renewable indefinitely.
- Local Council Business Licensing — Municipal regulations governing signage, business premises, and public display of trademarks through local authorities (PBT).
- DBP Language Compliance — National language authority requirements for non-Bahasa Malaysia trademarks displayed on signboards and business premises.
MyIPO Trademark Registration
The trademark registration process with MyIPO involves conducting a comprehensive search, filing an application (Form TM5), undergoing formal and substantive examination, publication in the Government Gazette for opposition, and final registration.
Once registered, trademarks are protected for 10 years with unlimited renewal options. This grants exclusive rights to use, license, and enforce the mark nationwide.
Local Council Regulations
While local councils (Majlis Perbandaran, Majlis Bandaraya) do not directly handle trademark registration, they regulate trademark use through business compliance requirements.
Key requirements include:
- Business license approval from local authority
- Signage permits for outdoor displays bearing trademarks
- Compliance with size, placement, and safety regulations for signboards
- Adherence to local zoning laws for commercial premises
⚠️ Violation Consequences
Non-compliance with local council signage regulations can result in fines (RM 250-2,000), forced signboard removal, or business license revocation — even if your trademark is properly registered with MyIPO.
DBP Language Requirements
Dewan Bahasa dan Pustaka (DBP), Malaysia’s official language authority, enforces specific requirements for trademarks or signboards that are not in Bahasa Malaysia.
If a trademark includes a word or phrase not in Bahasa Malaysia, business proprietors must submit a trademark application to DBP for continuous usage approval.
DBP compliance covers:
- Foreign language trademarks on signboards (English, Chinese, Tamil, etc.)
- Mixed-language brand names (e.g., “Tech Solutions Malaysia”)
- Approval for continuous public display of non-Bahasa Malaysia marks
- Exemptions for registered international brands with established usage
Do I Need DBP Approval for English Trademarks?
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Generally yes, for signboards and public display.
If your registered trademark contains English words and you plan to display it on:
- Building signboards
- Storefronts
- Shop facades
- Vehicle branding
You should obtain DBP approval to avoid compliance issues with local authorities during license renewal or inspections.
Exemptions: Internal business materials (invoices, packaging, labels) typically don’t require DBP approval — only public-facing signage.
What Happens If I Don’t Comply with Local Council or DBP Rules?
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Local council violations:
- Immediate fines (RM 250-2,000 depending on council)
- Notice to remove or modify signage within 14-30 days
- Business license suspension or non-renewal
- Forced signboard removal by council contractors (at your expense)
DBP violations:
- Written warnings and compliance notices
- Fines for non-compliance with language laws
- Difficulty renewing business licenses if flagged by authorities
Important: MyIPO trademark registration does NOT exempt you from local council or DBP compliance — these are separate regulatory requirements.
How Do I Ensure Full Compliance?
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Step-by-step compliance checklist:
- Register trademark with MyIPO — Secure federal IP protection first
- Obtain DBP approval — If trademark contains non-Bahasa Malaysia text for public display
- Apply for local council business license — Submit business registration, premises details, and trademark/signage plans
- Get signboard permit — Submit signage design, dimensions, and placement for approval
- Install compliant signage — Ensure size, colors, lighting meet local bylaws
- Maintain renewals — MyIPO (10 years), business license (annual), signboard permit (varies)
Pro tip: Engage a trademark agent familiar with all three compliance layers to streamline the process and avoid delays.
Compliance Comparison: MyIPO vs Local Council vs DBP
| Authority | What They Regulate | Penalty for Non-Compliance |
|---|---|---|
| MyIPO | Trademark registration and IP rights | Loss of exclusive rights, infringement risk |
| Local Councils (PBT) | Business licensing, signage permits | Fines (RM 250-2,000), license revocation |
| DBP | Language compliance for public signage | Warnings, fines, license renewal issues |
Final Thoughts
Businesses in Malaysia must comply with MyIPO’s trademark registration requirements, local council regulations, and DBP’s language standards to ensure lawful and effective use of trademarks.
Navigating these three layers of compliance protects your brand legally while avoiding costly fines and operational disruptions from regulatory violations.
We are committed to advising you on trademark registration in Malaysia and ensuring full compliance across all regulatory requirements. Email us at intl@gvcoip.com or schedule a consultation to find out more.
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