Question 1

How do I check if a trademark is available in Malaysia?

Accepted Answer

Access MyIPO's IP Online portal to search registered and pending trademarks. Create a free account, enter your proposed brand name, and filter by relevant Nice Classification classes. Check WIPO's Global Brand Database for international conflicts. For formal assessment, submit Form TMA1 per class to receive MyIPO's Preliminary Advice and Search opinion on registrability.

Question 2

What is the Nice Classification system for trademarks in Malaysia?

Accepted Answer

Malaysia uses the Nice Classification system – 45 classes dividing goods (Classes 1-34) and services (Classes 35-45). Your trademark protection applies only to registered classes. MyIPO charges per class, so businesses must balance costs against protection scope. List specific goods or services rather than claiming entire class headings to avoid examiner challenges.

Question 3

How much does a trademark search cost in Malaysia?

Accepted Answer

MyIPO's IP Online portal offers free basic searches, while the Preliminary Advice and Search service costs RM250 per class. Comprehensive professional searches vary significantly based on your business requirements – the number of classes you need, the complexity of your brand, and whether you're entering single or multiple markets. Many businesses either register too few classes, leaving gaps in protection, or file unnecessarily broad applications that waste budget. InCorp assesses your actual commercial activities and expansion plans to recommend the right classification scope, preventing both under-protection and over-spending.

Question 4

Can I register a trademark if the web domain name is available?

Accepted Answer

Domain availability doesn't guarantee trademark clearance. These systems operate independently. Someone may have registered your intended trademark years ago despite the domain remaining available. Always search MyIPO's trademark database before assuming a brand is clear for use, as trademark rights supersede domain registrations in infringement disputes.

Question 5

What happens if I use a trademark without searching first?

Accepted Answer

Using uncleared trademarks risks MyIPO application rejection, infringement claims from existing trademark owners, forced rebranding after market launch, and legal damages. Businesses face costs including lost marketing investment, packaging redesign, website reconstruction, and potential litigation expenses – often exceeding RM50,000-100,000 for established brands requiring complete market repositioning.

Question 6

Does a domain name availability mean my trademark is safe

Accepted Answer

No. Domain registration and trademark registration are independent. Even if a .com.my domain is available, the name may already be a registered trademark under the Trademarks Act 2019. Always conduct a formal Malaysia trademark search before investing in branding.

Business Guides in Malaysia

Complete Guide to Malaysia Trademark Search: How to Check if Your Brand Name is Available

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