🇲🇾 Malaysia · reviewed 2026-10-09
Trademarks and IP for franchisors in Malaysia
A registered trademark is part of the Franchise Act registration file in Malaysia, so the mark has to be in place before the franchise can be. Malaysia also protects prior users, which cuts both ways for a brand arriving from abroad.
Registration and prior use
- Under the Trademarks Act 2019, in force since 27 December 2019, any person claiming to be the bona fide proprietor of a mark may apply to register it. Malaysia is generally described as a first-to-use jurisdiction: an unregistered prior user can still sue for passing off. Official · Trademarks Act 2019, WIPO Lex, 2019-12-27
- Trademark certificates are on the checklist for franchise registration under section 6 of the Franchise Act. Official · MIDA, Distributive Trade booklet, 2023-11-01
Licence formalities
- A trademark licence must be in writing and signed by or for the licensor. Recording it with MyIPO is not mandatory, but a recorded licence binds the licensor's successors and gives public notice. Secondary · HFG IP on licence agreements in MalaysiaOfficial · Trademarks Act 2019, WIPO Lex, 2019-12-27
Checklist before you sign a Malaysian partner
- File the word mark and logo with MyIPO in the franchisor's name early: the registration certificate is needed for the Franchise Act file.
- Search for prior local users of a similar name before launch, since passing-off claims do not depend on registration.
- Put the trademark licence in writing, signed by the franchisor, and record it with MyIPO.
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