World Trademark Review 1000 2021

The World’s Leading Trademark Professionals - a unique guide that identifies the top trademark professionals in key jurisdictions around the globe. The WTR 1000 focuses exclusively on trademark practice and has firmly established itself as the definitive ‘go-to’ resource for those seeking world-class legal trademark expertise.

Malaysia

With the passing of the Trademark Bill 2019, Malaysia joined the Madrid Protocol in 2019 as the 106th member. A replacement for the Trademarks Act 1976, the new law grants recognition to non-traditional trademarks, extending protection to shapes, sounds, scents and colour. With the introduction of multi-class applications, brand owners...

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With the passing of the Trademark Bill 2019, Malaysia joined the Madrid Protocol in 2019 as the 106th member. A replacement for the Trademarks Act 1976, the new law grants recognition to non-traditional trademarks, extending protection to shapes, sounds, scents and colour. With the introduction of multi-class applications, brand owners now benefit from a more streamlined process for administrative paperwork. In addition, the act strengthens protection for well-known and famous marks, while the government has set out new and more severe punishments for trademark infringers, who can be fined up to RM1 million, jailed for a maximum of five years or both. This is far more serious than the previous punishments of a RM5,000 fine for the first offence and up to RM30,000 for subsequent fines, a three-year jail term or both. The Malaysian IP Office is now bracing itself for a further increase in trademark applications – it received 123,856 applications between 2016 and 2018 and registered over 100,000 of these.

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