15-July-2019

The New Additions In Malaysian Trademark Bill

Have you created a special perfume or dish with a distinct fragrance? Do you wish to trademark protect it but sad for not being able to do so? Worry not, you can now protect your valuable creation if you are in Malaysia. The recent Trademarks Bill 2019 passed by the Malaysian government allows individuals and companies to protect their distinctive creation of smell, sound, color or shape through trademark registration.

Earlier, only conventional trademarks were permitted to get trademarked under the Trademarks Act 1976 (Act 175). Name, label, letter, signature, number, and word were among the marks allowed to be protected through trademark registration. However, with changing times, the Malaysian government felt a need for revision of the trademarks bill. Under the new Trademark Bill 2019, the scope of securing creation through trademarks has widened further.

“The ever-changing global trademark protection landscape required Act 175 to be reviewed in line with the current needs of traders, the business community and parties with vested interest and adding non-traditional marks,” explains Chong Chieng Jen, the Deputy Minister of the country's Domestic Trade and Consumer Affairs.

So, if you wish to own copyrights of your distinctive creation of smell, sound, color or shape, get your marks registered in Malaysia.