Use It or Lose It: Non-Use of a Registered Trademark in Malaysia
In Malaysia, trademark matters are governed by the Trademarks Act 2019 (“TA 2019”), the Trademarks Regulations 2019 as well as the relevant case law (related to trademark) decided by the courts.
Once a trademark is registered with the Intellectual Property Corporation of Malaysia (“MyIPO”) (“Registered Trademark”), the TA 2019 grants to the proprietor of such Registered Trademark:
(a) the exclusive right to use such Registered Trademark in relation to the goods or services for which the Registered Trademark is registered in Malaysia; and
(b) the exclusive right to authorize other persons to use such Registered Trademark in relation to the goods or services for which the Registered Trademark is registered in Malaysia.
Maintenance of the Validity of a Registered Trademark:
To maintain the rights obtained through registration of a Registered Trademark, the Registered Trademark must be renewed every ten (10) years within the prescribed time. In other words, as long as the proprietor of the Registered Trademark continues to renew the same every ten (10) years, the registration of such Registered Trademark will continue to remain valid.
