Title: Graphical representation for registration of non-traditional trademark under Malaysian and UK trademark law

Authors: Siti Baqiuratul Zahraa; Zinatul Ashiqin Zainol

Addresses: School of Business and Communication, INTI International University and Colleges, 71800, Nilai, Negeri Sembilan, Malaysia ' Faculty of Law, Universiti Kebangsaan Malaysia, Lingkungan Ilmu, 43600, Bangi, Selangor, Malaysia

Abstract: Graphical representation is an important requirement for the registration of non-traditional trademarks (NTMs) in Malaysia. An NTM refers to the unconventional marks which consist of scent, sound, shape, motion, position, texture mark, etc. The statutory provision under the Malaysian Trademark Act of 2019 is Pari Materia to the UK Trademark Act of 1994, before its amendment in 2017, which required graphical representation for the registration of NTM. The graphical representation requirement proved to be too high a standard to fulfil, and in 2017, the UK law was amended. Because of the amendments, there were slight improvements in the registrations of several NTMs post-2017, such as motion, multimedia and pattern marks, in the UK. This article examines whether the Malaysian Trademark Act 2019 should be further amended to follow the current UK trademark law, which replaced the graphical representation with the clear and precise requirements.

Keywords: non-traditional trademark; graphical representation; Malaysian Trademark Act 2019.

DOI: 10.1504/IJIPM.2025.150747

International Journal of Intellectual Property Management, 2025 Vol.15 No.6, pp.623 - 637

Received: 15 Jan 2024
Accepted: 23 May 2024
Published online: 22 Dec 2025 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article