There is no requirement to apply for a trademark prior to using it. Trademark rights in Malaysia are granted to the first one who uses a mark in commerce on particular goods or services, not to those who are first to file. If you’re not trying to stay under the radar, then the potential benefits of filing a trademark application outweigh the benefits and risks of not applying, provided you have a competent trademark registrability search conducted before you file.

If you’re concerned about building and protecting a brand in the long-term, why limit your business to merely common law rights? It will cost you much more time and money to defend a trademark infringement lawsuit by proving you had priority (earlier) of use of your common law trademark than if you had simply registered your mark.