Malaysia jurisdiction report: The rules for non-use

However, a registration can be challenged and even removed from the register. There are a few situations where a mark may be expunged or removed, but this article will focus on removal based on non-use.

Non-use removal in Malaysia is when a registered trademark is removed by the court based on the ground that the mark was registered without a good-faith intention to use it in relation to those goods/services and that there has been no good-faith use (section 46[1][a]), or there has been no use in good faith for a continuous period of at least three years lasting up to one month before the date of the application for removal (section 46[1][b]).