Trademarks Act 2019

Dear Valued Clients & Associates

We are pleased to announce that the long-awaited overhaul of trademark laws in Malaysia is finally coming to fruition. The all-new Trademarks Bill 2019 was tabled in the Malaysian Parliament on 11 April 2019 and was approved, with some amendments, by the Lower House (Dewan Rakyat) on 02 July 2019 and the Upper House (Dewan Negara) on 23 July. Pending royal assent, it is now most certain that the new Act will come into effect by the last quarter of this year.

We will keep you apprised when the Trademarks Act 2019 becomes enforceable and the accompanying Trademark Regulations are issued.

In the meantime, please click here for some key takeaways from the new statute.

Malaysia joins the Madrid Protocol

 

The wait is finally over! On 27 September 2019, Malaysia deposited with WIPO its instrument of accession to the Madrid Protocol, becoming the 106th member of the Madrid System.

The Protocol will take effect for the country on 27 December 2019. From that date, local brand owners in Malaysia can begin making use of the international registration system to protect their trademarks in over 120 territories of the System’s other 105 (currently) members by filing a single international application and paying a single set of fees.

Likewise, foreign trademark owners can take advantage of the System’s simple designation process to seek protection here.

Malaysia has made declarations to extend the refusal period to 18 months, to receive individual fees, to require a declaration of intention to use the mark and to mandate that the recording of licenses in the International Register shall have no effect in Malaysia unless recorded here.

Stay tuned for more updates from us as we close the year 2019.