How do I make a counterfeit complaint for criminal enforcement in Malaysia?

When a shop or warehouse is selling large volumes of fake goods under your brand, criminal enforcement can stop the trade quickly. Here is how the complaint route works under the Trademarks Act 2019.

Which acts are offences?

Part XVI of the Act creates offences including:

• counterfeiting a trademark (section 99);
• falsely applying a registered trademark to goods or services (section 100);
• making or possessing articles for committing an offence, such as labels or moulds (section 101);
• importing, selling or possessing for sale goods with a falsely applied trademark (section 102).

The Act provides for fines and imprisonment, which can be higher for companies and repeat offenders. The penalty in any case is for the court.

Who enforces?

Enforcement officers include the Assistant Controllers under the Act, who work with the Ministry of Domestic Trade and Cost of Living (KPDN). A trademark owner may make a complaint to the Assistant Controller (section 112). Officers have powers to require information, enter premises, inspect and seize goods, and arrest (sections 113 and 119 to 121), and a magistrate may issue a search warrant.

What to bring

• Proof of your registration (certificate or official record) and that it is in force.
• Evidence of where and by whom the fakes are sold: addresses, photos, listings, test purchase receipts.
• A product comparison explaining how to tell genuine goods from fakes.
• Contact details for someone who can identify the goods at a raid and later give evidence.

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What happens after a raid?

Seized goods are listed and held. Investigators record statements and may ask you to verify the goods. The Public Prosecutor decides whether to charge. If there is a trial, your staff may be called as witnesses, so keep records tidy. See our guide on being a witness in a criminal trial.

How the criminal and civil routes fit together

A prosecution can lead to fines, imprisonment and forfeiture of goods, but it does not normally pay you damages. A civil action under section 56 can seek an injunction, damages or profits; see civil action against counterfeit sellers. Many owners use both. For goods coming in from abroad, consider border measures.

Example

A Penang distributor of branded power tools finds a shop in Butterworth selling fakes. It lodges a complaint with registration proof, test purchases and a comparison guide. Officers raid the shop and seize stock. The distributor later files a civil claim against the importer identified from the seized invoices.

Common mistakes

• Complaining without proof that the trademark is registered and in force.
• Tipping off the seller before officers act.
• Expecting the prosecution to compensate you.
• Not preparing a clear way to identify fakes.

When to speak to a lawyer

Before lodging a complaint, to prepare the evidence pack, and if you also want an injunction or damages. See IP and trademark disputes or contact us.

Frequently asked questions

Can I raid the shop myself?

No. Only authorised officers have powers of entry and seizure. Collect evidence lawfully, for example by test purchases.

What if I am the seller and my goods were seized?

Get advice immediately, keep your supplier invoices, and do not give statements without understanding your rights. See criminal defence.

Does it matter that my mark is not registered?

These Trademarks Act offences relate mainly to registered trademarks. Without registration, other routes may be needed.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Trademarks Act 2019 (Act 815), AGC Laws of Malaysia
2. Ministry of Domestic Trade and Cost of Living (KPDN), official portal (trademark and copyright enforcement)
3. Intellectual Property Corporation of Malaysia (MyIPO), official portal

Fact-checked on 17 Oct 2026