In Malaysia, trademark protection is a cornerstone for businesses to secure brand value and strengthen market competitiveness. While registration grants robust legal rights, these rights last for only a limited term and must be renewed. This guide offers a comprehensive overview of Malaysia’s trademark renewal process—covering how to calculate validity periods, when to file, steps for missed deadlines, fee structures, special considerations during transfers or amendments, and leveraging the Kangxin IP Platform for efficient management.

1. Calculating Your Trademark’s Validity Period

Under the Malaysian Trademarks Act, a registered trademark is valid for 10 years from the application date—not the registration date. For example, if you file your application on May 1, 2020, your initial term runs until April 30, 2030. Each successful renewal extends protection by another ten years, beginning the day after the previous term expires. Accurate tracking of each mark’s application date—verifiable via the MyIPO online register—is essential for timely renewals.

2. When to File Your Renewal Application

Malaysia permits renewal filings within six months before a mark’s expiry. Using the example above, you may submit between November 1, 2029, and April 30, 2030. If you miss this window, there is a six-month grace period after the expiry date—May 1 to October 31, 2030—during which you can still renew, albeit with additional fees. To minimize costs and administrative risk, aim to file within the initial six-month window.

3. Remedies for Missed Deadlines and Rights Restoration

Should you fail to renew within the 12-month span (initial window plus grace period), the mark lapses and may be removed from the register. Fortunately, Malaysia’s law allows a “reinstatement” application in the six months following the grace period. For example, if your mark’s grace period ends on October 31, 2030, you can apply for reinstatement between November 1, 2030, and April 30, 2031. You must pay higher fees and submit a reinstatement request citing the mark’s registration number—no additional proof of use is generally needed. A successful reinstatement restores the mark for a fresh ten-year term. If you miss this window, the mark is irrevocably expunged, forcing a new filing and risking third-party registration.

4. Detailed Breakdown of Renewal Fees

Renewal costs vary by filing period:

•      Normal renewal (within six months before expiry): MYR 1,000 per class (approx. RMB 1,600).

•      Grace-period renewal (up to six months after expiry): MYR 1,200 per class (≈ RMB 1,920).

•      Reinstatement (during the six months after grace period): MYR 1,500 per class (≈ RMB 2,400).

Using an agent adds professional fees. To optimize budget and avoid surcharges, plan to renew during the normal period whenever possible.

5. Managing Renewals During Transfers or Amendments

If your trademark is being transferred or the owner’s details are changing (e.g., name or address), you can still file a renewal without waiting for the transfer/amendment to complete:

•      Pending transfer: file under the current owner’s name; include proof of transfer if MyIPO records have not yet been updated.

•      Pending amendment: file under the pre-amendment owner details and submit updated documents alongside the renewal.

This ensures continuity of protection despite ownership or detail changes.

6. Streamlining Renewals with Kangxin IP Platform

For businesses managing multiple trademarks, missing deadlines lead to significant costs. Kangxin IP’s Brand Management Module offers:

•      Automated Alerts: Calculates renewal and grace-period deadlines from application dates and sends advance reminders.

•      Batch Management: Imports your entire trademark portfolio for unified oversight.

•      Real-Time Tracking: Monitors each mark’s status, renewal progress, and MyIPO updates.

•      End-to-End Support: Guides you through preparing and filing all necessary documents.

By harnessing these features, companies can build a robust, error-proof renewal workflow that safeguards brand assets across jurisdictions.

Conclusion

Trademark renewal in Malaysia is a vital process to maintain long-term brand protection. Key takeaways include:

•      A 10-year term from the application date

•      Renewal window of six months pre-expiry plus a six-month grace period

•      Reinstatement option within six months after grace period for lapsed marks

•      Fee tiers of MYR 1,000–1,500 per class depending on timing

•      Ability to renew amid transfers or amendments

•      Use of digital tools like Kangxin IP Platform for efficient, centralized management

By understanding and proactively managing these steps, businesses can ensure uninterrupted trademark rights and sustain their competitive edge.