IMPORTANT ANNOUNCEMENT - MALAYSIA ACCEDES TO THE MADRID PROTOCOL
On 27 September 2019, Malaysia has deposited its instrument of accession to the Madrid Protocol with the World Intellectual Property Organization (WIPO), making Malaysia the 106th country to join the Madrid Protocol. The Protocol will enter into force in Malaysia on 27 December 2019.
The Trademarks Act 2019 which has since passed both Houses of Parliament, is currently pending Royal assent and will replace the current Trade Marks Act 1976 when it comes into force, contains provisions which cater for Malaysia’s accession to the Madrid Protocol.
Through the Madrid Protocol, brand owners in Malaysia will be able to protect their marks in 121 other countries under the Protocol by filing a single international application and paying a single set of fees.
Foreign companies and trademark owners can seek trademark protection through the Madrid Protocol if they have plans to extend their market for their products and/or services to Malaysia.
The procedural matters relating to the filing and prosecution of applications under the Madrid Protocol, its fees and regulations has yet to be disclosed. We will continue to monitor developments as they arise.