Region: Malaysia

Trademark procedures and strategies: Malaysia

Featured in World Trademark Review Yearbook 2020/2021

Trademarks in Malaysia are governed by the new Trademarks Act 2019 and the Trademarks Regulations 2019, which came into effect on 27 December 2019.

17 March 2020

Appellate court rules that use of a registered trademark as part of a trade name may constitute actionable infringement

In SkyWorld Development Sdn Bhd v Skyworld Holdings Bhd, the Malaysian Court of Appeal has held, for the first time, that an action for infringement can be based on the use of a registered mark as part of a trade or company name.

17 February 2020

Is extra-territorial use sufficient to ground a claim for ownership of a trademark?

In SRAM LLC v Huan Schen Sdn Bhd, the Malaysian Court of Appeal has seemingly expanded the concept of ‘use’ of a trademark to include extra-territorial use.

08 October 2019

Apple MEMOJI lawsuit, Malaysia joins Madrid System, and TMview adds OAPI: news digest

In our latest round-up, we look at Huawei filing a lawsuit against a rival Chinese mobile maker, POW! Entertainment hitting back over Stan Lee lawsuit, Alt Legal acquiring MarkTend, and much more.

01 October 2019

Infrequent pharmaceutical disputes have far-reaching consequences in Malaysia

While disputes over pharmaceutical trademarks are few and far between, decisions can have a significant effect on product manufacturing and public health.

17 July 2019

Malaysia introduces totally revamped Trademarks Bill

The Malaysian Parliament has tabled a new Trademarks Bill 2019 which could bring about significant changes to the existing regime for trademark protection and enforcement in the country.

18 June 2019

Malaysia IP Agency of the Year: Henry Goh & Co Sdn Bhd

Featured in The Global IP Awards: Key Insights from IP Leaders 2019

25 April 2019

A LIP TATTOO too easily erased? LVMH successfully defends suit against its use of DIOR ADDICT LIP TATTOO

LVMH has defeated an action brought by local cosmetics manufacturer Shinzens, owner of the mark LIP TATTOO, against LVMH’s use of the mark DIOR ADDICT LIP TATTOO in Malaysia.

15 April 2019

Breaking new ground: Court of Appeal rules that ‘first user’ principle is not applicable to disputes between related entities

In Pathmanathan v Portcullis (Singapore) Pte Ltd, the Malaysian Court of Appeal has held that the courts are not bound by “hard and fast legal rules” when deciding on the ownership of a trademark among related entities.

26 November 2018

New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union.

07 June 2018

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