Tay & Partners | The ABCs of Position Marks

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.