Trademark vs Copyright in Malaysia: Which One Do You Actually Need?

Trademark protects your brand, while copyright protects your creative work. At least, that’s the short version. 

Knowing the difference could save you thousands, and help you secure the right legal rights before it’s too late.

Whether you’re a business owner, designer, or accounting service provider in Malaysia, this guide will break down what each type of protection covers, how they work under local law, and which one (or both) you actually need for your business and needs.

What Is a Trademark in Malaysia?

A trademark protects signs that distinguish your business, like logos, names, and slogans. This protects your business identity from and brand value from copycats and imitators. 

Under Malaysia’s Trademarks Act 2019, a trademark is any sign that distinguishes the goods or services of one trader from another. This includes:

• Word marks (e.g. “Accounting.My”)
  
• Logos and symbols
  
• Taglines and slogans
  
• Shapes, colours, and even sounds

“Trademark rights only begin upon successful registration with MyIPO. Until then, you don’t legally own exclusive rights to your brand.”

You must apply through MyIPO (Intellectual Property Corporation of Malaysia), and once approved, your mark is protected for 10 years, with indefinite renewals. For more information on trademark registration, go check out our blog on How to Register Trademark in Malaysia!

Example: If you design a unique logo for your cafe and want to stop others from using something similar, you’ll need to register it as a trademark with MyIPO.

What Is Copyright in Malaysia?

Copyright protects original expressions, art, writing, music, software, and more.

In Malaysia, copyright is governed by the Copyright Act 1987, and it applies automatically the moment a work is created, without any formal registration.

Copyright covers:

• Illustrations, logos, digital art
  
• Music and sound recordings
  
• Articles, reports, blog content
  
• Software, databases, websites

“Unlike trademark law, copyright arises automatically. You don’t need to register it, although doing so can help prove ownership.”

Example: If a freelance designer creates your company’s logo, that artwork is automatically protected by copyright, even if no one registers it.

Can a Logo Be Both a Trademark and Copyrighted?

Yes and often, it should be.

A logo can be protected by both types of IP, depending on how you use it:

Why register as both?

• Copyright gives the creator the right to control reproduction of the design.
  
• Trademark gives the brand owner legal rights to prevent others from using similar logos commercially.

Example: Nike’s swoosh was originally copyrighted by the designer and later trademarked by the company.

Trademark vs Copyright: What’s the Legal Difference?

Both offer protection, but they serve different legal purposes. It’s important to distinguish them and tell the apples from the oranges, because different laws apply here.

Here’s a clear side-by-side breakdown of how trademark and copyright differ under Malaysian law:

“Trademarks require proactive filing, copyright does not, but both grant exclusive rights in their own scope.”

Voluntary Copyright Registration: Is It Worth It?

Yes, especially for proving ownership or monetising your work. While it might be a hassle to go through the legal process, you should consider voluntarily register if:

• You commissioned work from a third party
  
• You’re licensing or selling your creative assets
  
• You want clear legal proof in case of disputes
  
• You’re exporting your copyrighted work abroad

Which One Do You Actually Need? 

Much like everything else in life, ask yourself: What are you trying to protect and what is your IP at risk of? 

 For Businesses:

For Creators:

If you commissioned a logo from a freelancer, copyright may belong to them unless transferred in writing. But once you register it as a trademark, you control its commercial use.

What Happens If You Rely on the Wrong IP Protection?

Like a wrong diagnosis from a doctor, the wrong protection leaves your work vulnerable despite going through the proper procedure.

Remember, just because you created something doesn’t mean you own it. In the eyes of the law, registering the right way matters. Don’t let your hard work and creative brilliance go to waste, take preventive measures as soon as possible.

Choose the Right IP Tool, or Use Both

To give a brief recap on what you need to know regarding trademark and copyright.

• Is your brand name unique and used commercially? → Trademark it
• Did you or someone else design your logo? → Copyright + trademark it
• Are you creating content, software, or music? → Copyright applies
• Are you using a slogan or product name? → Trademark it
• Not sure who owns your IP? → Speak to a professional

Sometimes, trademark and copyright work best together:

• Copyright protects your original creation
  
• Trademark enforces your exclusive brand use in the market

The best way to think of it is like owning both the blueprint and the business rights to your brand.

Need Help with Trademark or Copyright in Malaysia?

Still unsure whether you need a trademark, copyright or both?

At Accounting.My, our trademark registration services helped countless Malaysian businesses  protect their logos, brands, creative works, and product lines. Whether you’re creating or commercialising your ideas, choosing the right IP tool can save time, prevent legal risks, and help you build a real asset.

We’ll guide you through:

• Consultation and enquiries.
  
• Trademark classification
  
• IP asset ownership
  
• Copyright usage in contracts
  
• Full registration process with MyIPO