Registration of Trademarks Abroad
Trademarks are territorial rights. In other words, their protection only extends as far as the countries or regions in which they have been registered in. As such, businesses seeking to expand their reach abroad need to take note that a Malaysian trademark registration is only effective in protecting your brand domestically. Therefore, this article seeks to provide clear guidelines on how to register trademarks overseas, outlining the available systems, procedures and an overview of fees in key markets.
Option 1: Madrid Protocol (WIPO)
Malaysia’s accession to the Madrid Protocol in 2019 has opened up a streamlined pathway for international trademark registration. As of July 2025, there are 115 signatories, covering a total of 131 countries, allowing for the convenient expansion of existing trademarks’ geographical scope.[1] This allows for applicants to apply for, renew and/or modify their trademark in multiple countries simultaneously, through one uniform system.
Applicants who wish to register their Malaysian trademark abroad can do so by filing with the International Bureau through MyIPO.[2]
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An overview of the registration procedure and requirements has also been outlined in our article titled ‘Protect your brand & logo: How to register trademark abroad?’.[3]
Option 2: Direct Filing with National IP Offices
In the event that the country you wish to register your trademark in is not a signatory of the Madrid Protocol (eg: Myanmar, South Africa, Sri Lanka, Bangladesh, Nepal, etc), the only available option is to file the trademark directly with the local authorities. In such cases, the relevant trademark laws and regulations of the different jurisdictions apply. Applicants should engage local counsel and prepare for documents such as a notarised Power of Attorney and translations of the mark. Unfortunately, this also means that applicants would have to incur additional costs not just in registration, but also in compliance with a totally different and foreign system. The lack of a streamlined, uniform system might also mean greater bureaucracy and longer timelines.
Fees
The WIPO has helpfully created a website for calculating fees applicable for international trademark registration.[4] Below is a breakdown of the applicable fees.
Fee Type | Fee | Notes |
Basic Fee (B&W) | 653 CHF | – |
Basic Fee (Colour) | 903 CHF | – |
Complementary Fee | 100 CHF per country | The complementary and supplementary fee can be replaced by an individual fee by the designated countries. See table below/WIPO fee calculator |
Supplementary Fee | 100 CHF per class beyond 3 classes | |
MyIPO Handling Fee | RM200 | Paid directly to MyIPO at the time of filing, per application. |
Selected Individual Fees (CHF)[5]
Country | Fee (1 Class) | Additional Class Fee |
Australia | 232 | 232 |
Brunei Darussalam | 196 | 107 |
Cambodia | 139 | 139 |
Canada | 299 | 91 |
China | 249 | 125 |
European Union | 789 (1346 where mark is a collective/certification mark) | 48 for second class 144 for additional class |
India | 110 | 110 |
Indonesia | 110 | 110 |
Japan | 266 | 250 |
Lao People’s Democratic Republic | 44 | 31 |
New Zealand | 55 | 55 |
Pakistan | 54 | 54 |
Philippines | 89 | 89 |
Qatar | 1127 | 1127 |
Republic of Korea | 191 | 191 |
Singapore | 261 | 261 |
Thailand | 360 | 360 |
United Arab Emirates (UAE) | 1630 | 1630 |
United Kingdom (UK) | 202 | 56 |
United States of America (USA) | 530 | 530 |
Vietnam | 124 | 124 |
For non-signatories of the Madrid protocol, this would require a thorough examination of local guidelines. Below is a quick overview of what the relevant fees could be:
Country | Fee Type | Fee Amount |
Bangladesh[6] | Application for Registration | 3,500 Bangladeshi Taka (≈RM123) |
Myanmar[7] | Application for Registration | 150,000 Myanmar Kyats (≈RM305) |
Sri Lanka[8] | Individual Applicant | 1,357 Sri Lankan Rupees (≈RM20) |
Other Applicants (partnership, company, society, etc.) | 4,071 Sri Lankan Rupees (≈RM58) | |
Collective Mark | 6,785 Sri Lankan Rupees (≈RM96) | |
Certification Mark | 6,785 Sri Lankan Rupees (≈RM96) |
International Registration of Trademarks
Therefore, this essay recommends that anyone seeking to expand their brand image abroad consider whether said country is a signatory of the Madrid protocol in order to minimise search costs and utilise its procedural convenience. Otherwise, it would be prudent to consult the relevant local legal authorities/services for proper understanding of the required procedures and fees.
Need Help?
If you’re thinking of expanding your brand image globally and registering your trademark overseas, speak to a trusted trademark agent. At Ng Law Firm, we are well-equipped as a registered trademark and industrial design agent, capable of assisting clients with trademark registration, amendments, renewals and oppositions. Contact us to schedule a consultation.
Disclaimer: This article is for informative and educative purposes only and shall not be relied upon to constitute legal or professional advice. Ng Law Firm shall not hold any form of liability wheresoever and in whatsoever circumstances including but not limited to due to the amendment of legal provisions in the event any person uses the article’s information. Should you need any help and legal advice, you may reach out to Ng Law Firm at +601154304970 or +6046024970. You may also email your enquiry to penang@nglaw.com.my.
[1] World Intellectual Property Organisation (WIPO), ‘Madrid System Members’ (WIPO, 7 April 2025) <https://www.wipo.int/en/web/madrid-system/members/index> accessed 31 July 2025.
[2] The Official Portal of Intellectual Property Corporation of Malaysia (MyIPO), ‘Applying for a Trademark’ (MyIPO, 8 April 2025) <https://www.myipo.gov.my/applying-for-a-trademark/> accessed 31 July 2025.
[3] Ng Law Firm, ‘Protect your brand & logo: How to register trademark abroad?’ (NgLaw.com.my, 24 January 2025) <https://nglaw.com.my/how-to-register-my-trademark-abroad/#_ftn1> accessed 31 July 2025.
[4] World Intellectual Property Organisation (WIPO), ‘Madrid System Fee Calculator’ (WIPO, 20 February 2020) <https://madrid.wipo.int/feecalcapp/> accessed 31 July 2025.
[5] World Intellectual Property Organisation (WIPO), ‘Individual Fees under Madrid Protocol’ (WIPO, 20 April 2025) <https://www.wipo.int/en/web/madrid-system/fees/ind_taxes> accessed 31 July 2025.
[6] Bangladesh Department of Patents, Designs and Trademarks (DPDT), ‘Fixation of Fee’ <https://dpdt.gov.bd/sites/default/files/files/dpdt.portal.gov.bd/page/d087e1fd_bfa8_4810_a744_cc8bd573da76/TM%20Fee%20Eng.pdf> accessed 1 August 2025.
[7] Myanmar Department of Intellectual Property, ‘Agency Order No (1/2023) Fee Payment Amount’ (IPD, 1 April 2023) <https://www.ipd.gov.mm/trademark/trademark-1/fees-for-trademark> accessed 1 August 2025.
[8] Sri Lanka National Intellectual Property Office, ‘Fees Structure’ (gov.lk, 28 July 2025) <https://www.nipo.gov.lk/web/index.php?option=com_content&view=article&id=41&Itemid=175&lang=en#trademarks> accessed 1 August 2025.