Someone is using a brand name similar to my registered trademark. Is that infringement?

You built a brand, registered it, and now a competitor is trading under a name that looks or sounds almost the same. Whether that is infringement depends on what the Trademarks Act 2019 actually protects.

What does registration protect?

Registration gives the owner the right to sue anyone who infringes the registered trademark (section 56). The protection is tied to the goods or services listed in the registration and to use in the course of trade. Private, non-commercial use is generally outside it.

When is it infringement?

Section 54 sets out the main situations. Without the owner's consent, a person infringes if they use:

• an identical sign for identical goods or services; or
• an identical sign for similar goods or services; or
• a similar sign for identical or similar goods or services,

where, in the last two situations, the use results in a likelihood of confusion on the part of the public.

"Use" includes applying the sign to goods or packaging, offering or selling goods under it, importing or exporting under it, and using it on business papers or in advertising (section 54(3)).

How is "likely to confuse" judged?

The court looks at the overall impression: how the marks look and sound, their idea or meaning, how similar the goods or services are, and how the goods are bought. Section 9 of the Act guides the question of likelihood of confusion. Real examples of customers being confused, such as wrong orders, misdirected messages or reviews meant for you, are strong evidence, although actual confusion is not always required.

What is not infringement?

Section 55 lists exceptions. For example, a person does not infringe by using in good faith their own name or business name, or by using a sign in good faith to describe the kind, quality, purpose or origin of goods or services. Using a mark to show that goods are accessories or spare parts may also be allowed if it follows honest commercial practice.

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What can the court order?

In an infringement action the court may grant an injunction, damages or an account of profits, and in some cases additional damages (section 56(3)). It can also order the offending sign to be erased and infringing goods to be delivered up or disposed of (sections 58 to 60). For urgent cases, see interim injunctions against infringers.

What should I do first?

1. Check your registration: the classes, the goods or services covered, and that it is still in force (registration lasts ten years and can be renewed, section 39).
2. Capture the use: screenshots with dates and URLs, photos of signage and packaging, and test purchases with receipts.
3. Record confusion: messages, calls or reviews from customers who mixed you up.
4. Do not threaten loosely: unjustified threats of infringement proceedings can create a claim against you (section 61).
5. Get advice on a letter of demand, then court action if needed.

Example

A bakery registered "Kampung Crust" for bread and pastries. A new café opens nearby as "Kampong Krust", selling similar items. Customers tag the bakery in reviews of the café. The bakery collects the reviews, photographs the café's signage and menus, and sends a letter of demand before filing a claim.

Common mistakes

• Assuming registration covers every kind of product.
• Waiting months before acting, which can weaken urgent relief.
• Relying on memory instead of dated evidence.
• Making public accusations online, which can lead to a defamation dispute.

When to speak to a lawyer

Speak to a lawyer when a competitor's name is close to yours, when customers are being confused, or before sending any threat. See our IP and trademark disputes page; you can also contact us.

Frequently asked questions

Does the other business need to copy my logo exactly?

No. A similar sign can infringe if it is used for identical or similar goods or services and is likely to confuse the public.

What if my trademark is not registered?

You cannot sue for infringement under the Act, but you may have a claim in passing off. See passing off for unregistered brands.

Can I sue someone who uses my brand only on social media?

Yes, if the use is in the course of trade, for example advertising or selling goods or services online under the sign.

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. Intellectual Property Corporation of Malaysia (MyIPO), official portal
3. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93

Fact-checked on 17 Oct 2026