We’ve all been there: you unwrap a gift, maybe a Dyson airwrap you already own, or a sweater that doesn’t fit, you smile politely, and think inside, “I won’t use this…, can I resell it?”
But before you hit “List Item”, you might wonder: Is the brand going to sue me? Can they stop me? Is KPDN going to knock on my door? Would they take down my listing?
Questions You Need to Think About
Trademark Law – Consent-Based
After the Federal Court (Guangzhou Light Industry case) & the Trademarks Act 2019, the rules have changed
Example: If your gift was brought overseas, and the box says ‘For Sale in UK Only’, reselling it in Malaysia without the brand’s consent may expose you to trademark infringement claims, especially if the brand argues that its rights were only exhausted overseas.
This is because the brand can argue its rights were only ‘exhausted’ in the UK, not in Malaysia. Brands are more aggressive in protecting their ‘Local Authorised Distributors’, especially since a lot of brands are ‘region locking’ certain products to build segmented regional markets.
‘Unauthorised Use’ Expansion (Section 54)
The term ‘using the trademark’ was also broadened. Under Section 54(3) of the Trademarks Act 2019, offering or exposing goods for sale can be considered as ‘using’ the mark.
This was especially seen in the AirAsia SuperApp case, where the court ruled that using another brand’s logo or name to sell a service/product can be infringement, even if you are not pretending to be them.
The Reality and the Law
So, at the end, the question is, can the brand or KPDN stop you from reselling your gifts?
The Ministry of Domestic Trade and Cost of Living Stance (KPDN)
The Ministry of Domestic Trade and Cost of Living (KPDN) operates under the Trade Descriptions Act 2011. Their primary goal is to ensure “fair trade.” For a small-scale reseller or someone getting rid of a gift, the risk largely turns on how the item is described and represented.
When They WON’T Interfere: The “Personal Use” Defence
KPDN generally ignores one-off sales of personal items because under Section 23 Defence, the Act specifically provides a defence for “personal or domestic use.” If you can prove the item was a gift and you aren’t running a business (e.g., you don’t have 50 of them in stock), this can provide a defence to certain offences, depending on the facts.
Moreover, with limited enforcement officers, KPDN focuses on “High-Impact” cases: large warehouses of counterfeit handbags, shops selling fake motor oil, or syndicates smuggling unapproved electronics. They aren’t looking for one person selling a spare hair dryer on Carousell.
When They WILL Interfere: The “Disgruntled Buyer” Trigger
You don’t need to be a “big fish” to get caught if a buyer feels cheated. KPDN’s e-Aduan system and the Consumer Claims Tribunal (TTPM) make it incredibly easy for a buyer to report you. They will step in if there is a ‘False Trade Description’. If you list a product as a “Local MY Set” (implying a SIRIM sticker and local warranty) but send a “UK/Japan Import,” you have committed an offence. Under the Act, a description is “false” if it is misleading to a material degree and in Malaysian law, “I didn’t know it was an import” is often not a valid defence. If you apply a false description to goods, you are liable regardless of your intent.
The Brand’s Stance
From the brand’s perspective, resale is not really about individual sellers, it is about market control.
Brands design their distribution systems carefully. They appoint authorised distributors, set regional prices, manage warranties, and ensure compliance with local regulations. When goods are resold across borders or outside these systems, it disrupts this structure.
This is why brands tend to focus on:
- Preventing parallel imports that undercut local distributors
- Avoiding consumer confusion over warranty, safety standards, and authenticity
- Maintaining price consistency across regions
- Protecting the perceived value of their brand
In reality, most brands do not actively pursue individuals reselling a single item. Their enforcement efforts are usually directed at patterns of behaviour that look commercial in nature, such as repeated resales, bulk listings, or organised importation.
So while the law may technically allow brands to take action, their response is usually shaped by commercial practicality, not strict legal theory.
How to Reduce Your Legal Risk When Reselling
If you’re just reselling a personal item or a gift, most problems are avoidable. The key is not to look like a business, and not to mislead buyers.
Here’s how to keep your risk low:
1. Be honest about what you’re selling
Never label an item as “MY set,” “local warranty,” or “authorised distributor stock” if it isn’t. Misrepresentation is what triggers most legal trouble.
2. Avoid using official brand logos or marketing materials in a way that suggests affiliation
Describing the product is fine. But copying official brand images, banners, or marketing materials can look like you’re trading on their reputation. In essence, use your own photos of the product.
3. Don’t make it look commercial
Selling one or two personal items is very different from listing 30 identical units. Volume changes how the law views you.
4. Don’t imply endorsement
Phrases like “official,” “authorised,” or “partnered with” can turn a simple listing into a legal issue. Instead, use wording like “Pre-loved” or “Like New” in lieu of “Brand New”
5. If in doubt, disclose
“Imported set,” “no local warranty,” or “personal item, unused gift” protects both you and the buyer.
Most legal trouble doesn’t come from reselling, it comes from how you resell.
Still Unsure?
This newsletter is for general information, not legal advice. If you’re dealing with a takedown notice, platform complaint, or a real dispute, and you’re not sure what to do, getting proper advice early can save you a lot of stress later. Contact us at Quality Oracle to ease that stress.
