Introduction

The Trademarks Act 2019 (“TMA 2019”) came into force in Malaysia on 27 December 2019, repealing the Trade Marks Act 1976. TMA 2019 aligns Malaysia with advanced jurisdictions and supports the country’s efforts in fostering the Madrid Protocol, an international system for trademark registration to which Malaysia became a member on 27 December 2019. Among the significant changes introduced in TMA 2019 are the expansion of the types of signs registrable as trademarks, including position marks.1 Alongside TMA 2019, the Trademarks Regulations 2019 and Guidelines of Trademarks 2019 (VA1-2024). were introduced to supplement the TMA 2019.

This article aims to provide an overview of how to file a position mark in Malaysia, the requirements, and the steps involved in the registration process.

What is a Position Mark?

A position mark is a type of non-traditional trademark that protects the specific way a sign is placed or affixed on a product (e.g., a logo on the heel of a shoe or a stripe on a bottle).  A position mark like other trademarks must be distinctive and capable of identifying the goods or services of one undertaking from those of other undertakings. It must also be capable of being reproduced graphically.

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