From Malaysia to the World: How to Protect Your Trademark Overseas

For a Malaysian business preparing to enter overseas markets, registering your trademark in Malaysia is only the beginning. A Malaysian trademark registration generally protects your rights in Malaysia only. Trademark protection is territorial, meaning a registration in Malaysia does not automatically give you trademark rights in Singapore, China, Indonesia, Thailand, Australia, the UK, the EU or the US. Malaysian businesses seeking trademark protection overseas therefore need to consider where and how to file in each target market. For businesses expanding internationally, there are two main routes: filing directly in each country or region, or using the Madrid System for international trademark registration.

So, which option is better?

The answer depends on your target markets, business strategy, budget and the legal requirements of the countries where you intend to operate.

What Is the Madrid Protocol?

The Madrid System is an international trademark registration system administered by the World Intellectual Property Organization (WIPO). Malaysia joined the Madrid Protocol in 2019, with the system taking effect for Malaysia on 27 December 2019. This allows eligible Malaysian businesses to seek trademark protection in multiple Madrid System member countries through a centralised international application. As of 2026, the Madrid System has 117 members covering 133 countries, representing more than 80% of global trade.

The system is widely used by businesses seeking international trademark registration from Malaysia and other member jurisdictions. In 2025 alone, approximately 64,150 international trademark applications were filed through the Madrid System, while more than 943,000 international registrations remained active. For Malaysian SMEs planning regional or global expansion, this can significantly simplify the administrative side of building a trademark portfolio overseas.

How Does the Madrid System Work for a Malaysian Business?

A Malaysian applicant cannot simply file a Madrid application without having a Malaysian trademark application or registration as its foundation.

To use the Madrid System through Malaysia, the applicant must generally be a Malaysian citizen, a company incorporated in Malaysia, a person domiciled in Malaysia, or a person with a real and effective industrial or commercial establishment in Malaysia. The applicant must also have a Malaysian trademark application or registration, known as the basic mark.

The international application must identify the same owner and the same trademark as the basic mark, while the list of goods and services cannot be broader than that of the basic mark. The application filed through MyIPO is in English. Once filed, the applicant can designate the Madrid member countries or regions where protection is sought.

For example, a Malaysian business expanding into Singapore, China, Indonesia, Thailand and Australia could potentially designate these markets through a single Madrid application, rather than starting five separate international filing processes. The system can also be useful for businesses whose expansion plans develop gradually. Additional Madrid member countries can be designated later through a subsequent designation.

Madrid System vs Direct National Filing

While the Madrid System can be convenient, it is not automatically the best option for every business.

The important point is that Madrid does not create a single worldwide trademark. Each designated country’s trademark office still examines the mark according to its own domestic law. WIPO explains that a designated office can issue a provisional refusal, and the applicant may then need to respond according to that country’s procedures and deadlines. A refusal in one country does not automatically affect protection in the other designated countries.

When Does the Madrid System Make Sense?

The Madrid System can be particularly attractive when a Malaysian company has several overseas markets in mind and wants a more streamlined filing and management process. For example, imagine a Malaysian skincare brand that has established its business locally and is now entering Singapore, Indonesia, Thailand, China and Australia.

Instead of coordinating separate applications from the beginning, the company may use its Malaysian trademark as the basic mark and seek international protection through the Madrid System. This can make portfolio administration easier because renewals, changes and additional designations can largely be managed through the centralised Madrid system. The financial structure is also relatively straightforward. WIPO currently lists a basic international application fee of CHF 653 for a black-and-white mark or CHF 903 for a mark in colour, with additional fees depending on the countries designated and the number of classes.

However, businesses should not assume that Madrid is always cheaper. The total cost depends on the number of countries, classes and individual fees applicable in each designated jurisdiction. A direct national filing may sometimes make more commercial sense, particularly when only one or two markets are involved.

When Should You Consider Direct National Filing?

Direct filing may be preferable where a business has a specific strategic market and wants its application handled according to that jurisdiction’s local requirements from the outset. It may also be necessary where the intended country or territory is not covered by the Madrid System. Direct filing can provide greater flexibility in tailoring the goods and services specification to local requirements and dealing directly with local trademark procedures.

For example, if a business has identified one particular overseas market as its most important expansion destination, it may be worth comparing the cost, filing requirements and examination process of a direct national application against a Madrid designation.

Don’t Wait Until You Enter the Market

One of the biggest mistakes Malaysian businesses make is waiting until they have already entered a foreign market before considering trademark protection. By that stage, a third party may already have filed an identical or similar mark. This is particularly important for businesses expanding through e-commerce. A company may begin selling products to customers in Singapore, China, Australia or the UK without having a registered trademark there, only to discover later that another party owns the relevant trademark.

Before expanding, businesses should therefore consider:

1. Identify your target markets.
Look beyond your immediate launch country and consider where the brand may expand over the next three to five years.

2. Search before filing.
Check whether identical or similar trademarks already exist in the relevant markets. WIPO’s Global Brand Database can be used as one starting point for international trademark searches.

3. Review the goods and services.
Your Malaysian trademark specification may not necessarily be the ideal specification for every overseas market.

4. Compare Madrid and national filing costs.
Consider the number of countries, classes, local professional fees and potential examination issues.

5. File strategically.
A trademark should ideally be protected before significant investment is made in branding, packaging, marketing and market entry.

Malaysia to the World: Which Route Is Right for Your Brand?

There is no universal answer. For a Malaysian SME expanding across several Madrid member countries, the Madrid System can offer a convenient and centralised route for seeking trademark protection overseas.

For a company targeting only one or two countries, or where local legal considerations are particularly important, direct national or regional filing may be more appropriate. The choice should ultimately be based on the company’s commercial expansion plans, target markets, trademark availability, budget and long-term brand strategy.

In 2025, the EU, UK, US, Canada and China were among the most frequently designated Madrid members, demonstrating the system’s relevance to businesses pursuing major international markets. For Malaysian businesses, the key takeaway is simple: protect the brand before you expand, not after. A well-planned international trademark strategy can help prevent costly rebranding, disputes and market-entry problems later.