Trade mark laws in Malaysia are currently governed by the Malaysia Trademarks Act 2019 and the Trademarks Regulations 2019 which recently came into force on 27 December 2019. Under the Act, registered owners of the trademark are accorded the right to prevent others from using a similar or identical mark without permission through legal action. However, where unregistered marks are concerned, legal recourse is still available through the common law of passing off. The applicable law of passing off in Malaysia is set out below.

Menu