Trade Marks Act 1976

Original Language Title: Trade Marks Act 1976

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WM laws of MALAYSIA Act REPRINTING 175 TRADEMARK ACT 1976 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT 175 TRADEMARK ACT 1976 date of Assent............ June 21, 1976, the date of publication in the Gazette......... 24 June 1976 Trademark 3 laws of MALAYSIA Act 175 TRADEMARK ACT 1976 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, and application 2. Extent of application 3. Interpretation Part II ADMINISTRATION 4. The Registrar, Deputy Registrars and assistant registrars 4A. Protection Officer 5. The Centre and regional trademarks PART III REGISTER of TRADE MARKS 6. Express 7. Notice of trust 8. Inspection 9. False entry in the register PART IV TRADE MARK REGISTRABLE 10. Registrable trade marks 11. (Cut) 4 laws of Malaysia ACT 175 12. The use by the proposed registered user can be weighed for the purposes of determining kedistinktifan, etc.
13. Color trademark 14. Prohibition of registration of 14A. When the registration cannot be refused 15. When the registration can be rejected 16. Use the name of another person 17. Registration of goods or certain services 18. Nuclear disarmament, 19. Similar trade marks 20. Simultaneous use of 21. You jointly owned trade marks 22. Association trademarks 23. Assignment of trade marks relating to 24. The series trademark part V APPLICATION for REGISTRATION 25. Registration 26. Application is received if the trademark will be used by assigns or registered user 27. Advertise penyetujuterimaan application 28. Opposition against the registration of 29. Not the complete application for registration PART VI REGISTRATION and REGISTRATION 30. Trademark registration 31. Time for registration of 32. Registration period 33. Words used as name or description of an article, thing or service Trademark Section 5 34. Power of registered proprietor 35. Rights conferred by registration 36. Registration is prima facie evidence of the original trademark registration to be valid, etc.
37. The registration of the final 38. Infringement of trademark 39. Violated certain restrictions is in violation of trademark 40. An act that is not a violation of PART VII REGISTRATION RENEWAL 41. Renewal of registration 42. The standard of trade marks that are not renewed PART VIII FIX EXPRESS 43. Fix Express 44. Changes to registered trademarks of 45. Fix Express 46. The provisions about the lack of use of a trademark 47. Register the assignment PART IX REGISTERED USERS 48. 49 registered users. The power to amend, extend or cancel the registration of a user registered 50. (Cut) 51. Step proceeding of breach of 52. Registered users cannot submit rights 53. (Cut) 54. (Cut)
Section 6 laws of Malaysia ACT 175 part X ASSIGNMENT TRADEMARK Section 55. Assignment and transmission trademark PART XI TRADEMARK CERTIFICATE of 56. Trademark acknowledgement PART XII TRADEMARK DEFENCE 57. Defensive registration of well known trade marks 58. Defensive trade marks trade marks deemed related 59. Fix Express 60. Application Of Act PART XIII PROCEEDING At Law, Costs And INFORMATION 61. Certificate of legal registered trademarks of 62. Listen To The Registrar Of The 63. Cost of 64. How to give evidence 65. A copy of the executed shall constitute 66. The Minister may declare a foreign document on trademark as admissible as evidence is 67. Authority 68. (Cut) 69. Appeal against the decision of the Registrar of PART XIV of the CONVENTION and 70 INTERNATIONAL ARRANGEMENTS. Priority rights under the Convention, etc.
7 trademark a.70A. Temporary protection of trade mark on goods or services become a matter of international exhibition 70B. Protection of well-known trade marks PART XIVA 70C BORDER measures. Interpretation 70D. Restrictions on importation of goods trade marks lancung 70E. Security 70F. Secure storage of seized goods 70G. Notice of 70H. Emission inspection, etc., of goods seized 70I. Forfeiture of goods seized with the consent of 70J. Compulsory release of seized goods to importer 70 k. Compensation for not taking action 70L Action for violations. registered trademarks of 70M. Disposal of goods seized commanded so dilucuthakkan 70N. Collateral is insufficient 70O. Action ex officio 70P. Regulations relating to border measures VARIOUS 71 SECTION XV. Use of trade mark for export trade 72. The use of the trademark if the form of trading changed 73. Preliminary opinion by the Registrar of 74. Power of Registrar to amend document 75. Other powers of Registrar 76. Exercise of the discretion of 77. Extension of time 78. Extension of time by reason of the errors in the Trademark Office, etc.
79. Address for delivery of 80. Agent 81. Stating with false trade marks as registered 82. Trademark is not registered 83. Regulations 84. Repeal and saving section 8 laws of Malaysia ACT 175 9 Trademark laws of MALAYSIA Act TRADE MARKS ACT 1976 175 an act to make better provision in law in respect of trademarks and for other matters connected therewith.
[1 September 1983, P.U. (B) 407/1983]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title, and application 1. (1) this Act may be cited as the trade marks Act 1976.
(2) this Act shall apply throughout Malaysia.
Extent of application 2. (1) this Act shall apply to applications for trade marks, made after start the currency of this Act and for the registration of trade marks, which is done on the application.
(2) subject to subsection 6 (4), this Act shall also apply to trade marks registered under the repealed Ordinance concerned.
10 laws of Malaysia ACT 175 (3) Notwithstanding the repeal of the Ordinance shall apply to the trademark application, made before commencement of this Act and for the registration of trade marks, which is done on the application after started the currency of this Act.
Interpretation 3. (1) in this Act, unless the context otherwise requires — "limitation" means the restrictions on the use of exclusive rights to a trade mark, namely the rights conferred by the registration of the trademark, including the limitations of that right as to — (a) the manner of use;
(b) use in a regional area in Malaysia; or (c) the use in relation to goods to be exported to a market outside Malaysia or use in connection with the services will be provided in a place outside Malaysia;
"cap" includes a sign, brand, head, label, ticket, name, signature, Word, letter, figure or any affiliates;
"trademark" except with respect to part XI, means a stamp used or proposed for use in relation to goods or services for the purpose of show or that show a relationship in the course of trade between the goods or services by a person who has the right either as proprietor or as registered user to use the mark either by showing or with no shows the identity of the person and , with respect to part XI, means a stamp can be registered or registered under Part XI of the aforementioned;
"registered trade mark" means a trade mark that there are actually in the register;
"registrable trade mark" means a trade mark that is registrable under the provisions of this Act;
Trademark 11 "register" means the register of trade marks kept under this Act;
"register first" means the register of trade marks kept under the repealed Ordinance;
"in the course of trade" in relation to the provision of services means in the course of business;
"prescribed", in relation to the proceeding before the Court or the initial proceeding for him or proceeding relating thereto, means prescribed by rules of Court made by the Method established under the courts of Judicature Act 1964 [Act 91], and in the case of other means prescribed by this Act or by any regulations made thereunder;
"Paris Convention" means the Paris Convention for the protection of industrial property dated 20 March 1883 revised in Stockholm on 14 July 1967;
"Court" means the High Court;
"Minister" means the time being charged with the responsibility for intellectual property;
"specified foreign country" means a country that is declared by the Minister may, by order published in the Gazette, as has made arrangement with Malaysia for the reciprocal protection of trade marks;
"Convention country" means a country that is a party to any treaty multiple parties relating to trade marks also the to it;
"Repealed Ordinance" means the trade marks Ordinance 1950 [26/1950], the Trademark Ordinance, Sabah [Sabah Cap. 142] and Trademark Ordinance, Sarawak [Sarawak Cap. 62];
"Registrar" means the Registrar of trade marks specified in subsection 4 (1);

"determination" means the name of the goods or services with which a trademark or a registered user of a trade mark is registered or proposed to be registered;
12 laws of Malaysia ACT 175 "registered user" means a person who is registered as such under Part IX;
"the use of permitted" in relation to a registered trade mark, means the use of the trade mark by a registered user in respect of goods or services with which the available users in the course of trade relations and with which the trademark is still registered and users is registered as a registered user, namely the use of complying with any conditions or restrictions imposed on the registration;
"Assistant Registrar" means a person appointed or deemed to have been appointed to be the Assistant Registrar under subsection 4 (2) or (3);
"assignment" means assignment by Act of the parties concerned;
"Corporation" means the Malaysian intellectual property Corporation established under the laws of Malaysia Act 2002 [Act 617];
"TRIPS Agreement" means the agreement on aspects relating to Trade for intellectual property rights, 1994 which is Appendix 1 c to the agreement on the establishment of the World Trade Organization;
"the words" includes an abbreviation;
"transfer" means the transfer by force of law, a reduction to the personal representatives of the person who died and any other non-pemindahmilikan way of assignment;
"geographical indication" means an indication that identifies any goods as originating from a particular country or territory or an area or place in that country or territory, if a quality, reputation or other characteristics of a particular item that is basically can be attributed to its geographical origin;
"due date" has the same meaning as given to the expression in the intellectual property Corporation of Malaysia Act 2002;
Trademark 13 "Deputy Registrar" means the person appointed or deemed to have been appointed to be the Deputy Registrar under subsection 4 (2) or (3);
"registered owner" in relation to a trade mark, means the person for the time being recorded in the register as proprietor of the trade mark;
"the Malaysian component territory" means territory of Peninsular Malaysia, Sabah and Sarawak.
(2) in this Act — (a) a reference to the use of a trademark shall be construed as a reference to the use of the marks are printed representations or other representasinya can be seen;
(b) a reference to the use of a mark in respect of goods shall be construed as a reference to the use of the mark on the goods or use of the mark in physical contact or other contact with goods; and (c) a reference to the use of a mark in connection with the service shall be construed as a reference to the use of the mark as a statement or part of statements regarding availability or performance of services.
PART II ADMINISTRATION Registrar, Deputy Registrars and assistant registrars 4. (1) the Director General of the Corporation shall be the Registrar of trade marks.
(2) the Corporation may appoint, on such terms and conditions as it may specify, of a person in the employment of the Corporation, such number of Deputy Registrars, assistant registrars of trade marks trade marks and other officers necessary for the proper administration of this Act, and may revoke the appointment of any person appointed or deemed to have been appointed as such under subsection (3).
14 laws of Malaysia ACT 175 (3) the person who holds the position of Deputy Registrars, assistant registrars and other officers under this Act before a specified date which has been given a choice by the Malaysian Government to serve as employees of the Corporation and have chosen such shall on the appointed date be deemed to have been appointed as Deputy Registrar, assistant registrars and such other officer under subsection (2).
(4) subject to the direction and control of the General Registrar and to any conditions or restrictions imposed by the Registrar, a Deputy Registrar or Assistant Registrar of a person may exercise any of the functions of the Registrar under this Act, and nothing prescribed or authorized or required by this Act so done or signed by the Registrar to do or signed by any Deputy Registrar or Assistant Registrar and acts or signature of person Deputy Registrar or an Assistant Registrar shall be the same as a person's valid and strong his power seems to have been made or signed by the Registrar.
(5) the Registrar shall have a seal of a design approved by the Corporation and their unmistakable said seal shall be judicially noticed and admitted in evidence.
Protection Officer 4A. No action or prosecution can be brought, instituted or maintained in any court against — (a) the Registrar of trade marks;
(b) the Deputy Registrar of trade marks; or (c) the Assistant Registrar of trade marks, in respect of any act or omission done in good faith in performing its duties and exercising its powers under this Act.
The Centre and regional trademark 5. (1) for the purposes of this Act shall be established a Centre for trade marks which are to be located in Kuala Lumpur.
Mark 15 (2) in each of the States of Sabah and Sarawak shall be established a regional trademark office.
(2A) in addition to the regional trademark office established in the States of Sabah and Sarawak, may be set up so the number of trademark office which is necessary for the purposes of this Act.
(3) a document required or permitted by this Act to be forwarded to the Centre for trade marks can be submitted at any of the Trademark Office and a reference in this Act of submission in the Centre for trade mark includes a reference to production of a trademark office.
PART III EXPRESS TRADEMARK Express 6. (1) a register of trade marks shall be kept and maintained at the Centre for trade marks containing — (a) all registered trade marks with the names, addresses and description of Lord punyanya, notification assignment and transmission, the name, address and description of all registered users, nuclear disarmament, conditions, limitations; and (b) such other matters as may be prescribed from time to time by the Minister in relation to trade marks.
(2) (Cut by the Act A1078).
(3) Express for trademark, which is kept under the repealed Ordinance shall be consolidated with and form part of the register according to the entry-entries made in the register before the start immediately before the commencement of this Act.
16 laws of Malaysia ACT 175 (4) Admission register first to the register has the following effects: (a) If a trademark has been registered and recorded in all express by a proprietor for the three territories component of Malaysia, the trademark shall be with its entry into the Express deemed to be a trade mark registered in the name of the owner under this Act;
(b) If a trademark has been registered and recorded in any of the register by a proprietor for any one or two of the regional components of Malaysia, the trademark shall be with its inclusion in the register are deemed to be a trade mark registered in the name of the owner under this Act if at the date of commencement of this Act — (i) no a trademark similar or there a trademark that almost resemble the first trademark of same goods or of goods of the same description to possible to deceive or cause confusion has been registered and recorded in the register or sign an other is before the start date of the commencement of this Act by a proprietor or the proprietor-different proprietor of any of the regional components of Malaysia's other it; and (ii) there is an application to register a similar trademark or a trademark that almost resemble the first trademark of the same goods or of goods of the same description to possible to deceive or cause confusion has been made prior to the start date of the commencement of this Act by another person in respect of any of the regional components of Malaysia others or if application has been made then, the application was rejected, deleted or successfully dibangkang;
Trade mark 17

(c) If a trademark has been registered and recorded in any of the register by a proprietor for any one or two of the regional components of Malaysia and a similar trademark or a trademark that almost resemble the first trademark of the same goods or of goods of the same description to possible to deceive or cause confusion has been registered and recorded in any of the register by a proprietor or the proprietor or have different for all or any one of the regional components of Malaysia's other trademark, the first such that and the similar trademark or trademark that almost resembles a trademark shall be the first second-each with its inclusion in the register are deemed to be a registered trademark in the name of the proprietor, respectively under this Act provided that the trademark should be used simultaneously by the proprietor respectively in accordance with subsection 20 (1);
(d) If a trademark has been registered and recorded in any of the register by a proprietor for any one or two of the regional components of Malaysia and only an application to be registered a similar trademark or a trademark that almost resemble the first trademark of the same goods or of goods of the same description to possible to deceive or cause confusion has been made prior to the start date of the commencement of this Act by another person of any of the regional components of Malaysia others that, first the trade marks shall be with its inclusion in the register came into effect only on the territory or territories component of Malaysia where it originally has been registered unless the application has been rejected, deleted or successfully dibangkang and if this is the case the first trade marks shall be deemed to be a trade mark registered in the name of the owner under this Act.
18 laws of Malaysia ACT 175 (5) Notwithstanding the provisions of section 30 percatatan date of a trademark in any of the express that consolidated with and form part of the register shall be deemed to be the date of the original registration of the trade mark.
Notice of trust 7. Notice of a trust, whether it is real, it is understood that as or construed, shall not be recorded in the register or be accepted by the Registrar.
Inspection 8. (1) the register shall be open for inspection by the public at any time and upon such terms as may be prescribed.
(2) the certified copy or extract of an entry in the register, which is sealed with the seal of the Registrar shall be given to anyone who requires it on payment of the prescribed fee.
(3) Certified Copies of the register shall be kept in any Trademark Office for the purposes of facilitating any percarian made by members of the public at any time prescribed by the Minister by regulations and there are any copy or extract of an entry in the copy may be made or given to anyone.
False entry in the register 9. Every person who — (a) makes or causes to be made a false entry in the register;
(b) make or cause to be made a false entry in any certified copy of the register kept in a trademark office;
(c) make or cause to be made a false document purporting to be a copy of an entry in the register;
Trademark 19 (d) submit or give or cause to be submitted or given in evidence of any document is by knowing the document or any entry therein as false, is guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding five years or both.
PART IV TRADE MARK REGISTRABLE trade marks can be registered 10. (1) to enable a trade mark (other than trademark certification) is registered, the trademark shall contain or have at least one of the following details: (a) the name of an individual, the name of the company or firm, set out with a special or particular manner;
(b) the applicant's signature or the signature of a trader registration before in its business;
(c) a or several words that are created;
(d) a word that does not have any direct contact with the nature or quality of the goods or the services, that is, words by means of the common is not a place or a name berasalkan surname;
(e) such other distinktif.
(2) a name, signature or words that are not described in paragraph (1) (a), (b), (c), or (d) shall not be registered unless it is proved by evidence as distinktif.
(2A) for the purposes of this section, "distinktif", in relation to a trade mark is registered or proposed to be registered on the goods or services means the trade marks must be able to distinguish goods or services 20 laws of Malaysia ACT 175 which the proprietor of the trademark or there may be a relationship in the course of trade of the goods or services in case there are no such relationship exists , whether generally or, if the trade mark is registered or proposed to be registered subject to conditions, amendments, modify or limitation, in connection with the use of the extent of the registration.
(2B) in determining whether a trademark can distinguish as the first, attention may be given to the extent to which — (a) the trademark can basically differentiate as the first; and (b) by reason of the use of the trademark or by reason of any other circumstances, the trade mark is in fact may distinguish as the first.
(3) a trade mark can be registered in the register of any goods or services.
11. (Cut by the Act A1078).
The use by the proposed registered user can be weighed for the purposes of determining kedistinktifan, etc.
12. (1) where an application for trademark registration has been made by a person, and before the date of application of the trademark that has been used by a person other than the applicant is under the control and with the agreement and the power of the applicant, and where an application made by the applicant and the other for the registration of the other person as a registered user of the trade mark that immediately after the trademark registration and the Registrar is satisfied that the other person It is entitled to be registered as a registered user of the trade mark, the Registrar may, for the purpose of determining whether the trademark is distinktif or can distinguish the goods or services of the applicant, calculate the use of the trademark by the other as the equivalent of the use of the trademark by the applicant and may make an order that the trademark is distinktif or can distinguish such.
Trademark 21 (2) an order of the Registrar under subsection (1) is subject to appeal to the Court.
(3) If an order made under subsection (1), the trademark registration shall cease to have effect if the end of the specified period, or any further period not exceeding six months allowed by the Registrar, the person that the other has not been registered as a registered user of the trade mark.
Color trademark 13. (1) a trademark may be restricted at all or in part to one or more specified colours, and in any case, therefore, the fact that the trade marks is limited to such be taken into account for the purposes of determining whether a trademark is distinktif or not.
(2) where a trade mark is registered without limitation of colour, the trademark shall be deemed to be registered for all colours.
Prohibition of registration 14. (1) a cap or a part of the cap cannot be registered as a trade mark — (a) if its use is likely to deceive or cause confusion to the public or to be contrary to the law;
(b) if it contains or consists of any scandal or offensive or otherwise not be entitled to the protection of any courts of law;
(c) if it contains matter which in the opinion of the Registrar harm or may harm the interests or national security;
(d) if the cap is similar or almost similar to a stamp known in Malaysia for goods or services similar to the goods and services an other proprietor;
22 laws of Malaysia ACT 175 (e) if the cap is well known and registered in Malaysia for goods or services which are not similar to the goods or services in respect of which registration is applied for: provided that use of that Trademark in relation to goods or services that will show a link between the goods or services of the owner of the famous mark, and interests of the owner of the famous mark may be damaged by the use of it;

(f) if the mark contains or consists of a geographical indication with respect to goods not originating from the territory indicated, if use of the indication in the trademark for such goods in Malaysia is such a way that confuse the public as to the true place of origin of the goods; or (g) if the mark is a trademark for wines which contains or consists of a geographical indication identifying wines, or is cap for spirits which contains or consists of a geographical indication identifying spirits, that do not originate from the place indicated by the geographical indication in question.
(2) of Article 6bis of the Paris Convention and the TRIPS Agreement Article 16 shall apply for the purposes of determining whether a mark is a well-known mark.
When registration is not deductible 14A. (1) a trade mark shall not be refused registration by virtue of paragraph 14 (f) and (g) if the application for registration has been made in good faith, or if the trademark has been used consecutively in good faith in the course of trade by the applicant for registration or pendulunya in the title, either — (a) before the commencement geographical indications Act 2000 [Act 602]; or (b) before the geographical indication may be given protection in the country of origin.
Trademark 23 (2) a trade mark shall not be refused registration pursuant to paragraph 14 (f) and (g) if the geographical indication concerned — (a) no longer protected; or (b) has not been used yet, in the country of origin.
When the registration can be rejected 15. The Registrar shall refuse to menyetuju receive an application for registration of a trademark which contains or has any of the following stamp or a stamp almost resemble any of the cap is to maybe as a cap that: (a) words or the words "patent", "patented invention", "With Royal Letters Patent", "Registered", "Registered design" and "copyright" or any word or words which means that in whatever language; or (b) a stamp specifically declared by the Minister in any regulations made under this act as a stamp prohibition.
Name one other 16. If a person makes an application to register a trade mark which consists of or includes the name or picture of another person, whether that person's life or death, the Registrar may require the applicant to provide to it the agreement of the person, if that person's life, or the agreement of the representative of the legal person if that person died, before allowing the name or the picture is used as a trademark.
Registration of goods or certain services 17. (1) a trade mark can be registered on any or all of the items that fall within a class of goods or regarding any or all of the services included in a specified service class.
24 laws of Malaysia ACT 175 (2) where a question arises as to the class to which the goods or services that includes the question shall be decided by the Registrar and the Registrar's decision is final.
Nuclear disarmament, 18. (1) where a trade mark — (a) contains any part of — (i) that is not a matter of an application by master punyanya to be registered as a trade mark; or (ii) who are not registered separately by tuan punyanya as a trademark; or (b) contains matter common to the trade or business or distinktif, the Registrar or the Court, in deciding whether the trade mark shall be entered or shall be in the register, may require as a condition for trade marks that are in the register, so that the master punyanya deprive any exclusive right of use of any part or the matter, namely the use of exclusive proprietor is not entitled thereto in accordance with the opinion of the Registrar or the Court or that the master punyanya make any other nuclear disarmament, deemed necessary by the Registrar or the Court for the purpose of determining its rights under the registration.
(2) there is nothing on nuclear disarmament in the register shall affect any rights of the proprietor of a trade mark except a right arising from the trade marks registration of which nuclear disarmament is made.
Similar trade marks 19. (1) no trade mark can be registered of any goods or description of goods — (a) similar to a trademark that is owned by a different owner and recorded in the register of goods or description of goods that is equal to or about the services that have close relationship with the goods; or Trademark 25 (b) such that almost resembles the trademark until may deceive or cause confusion.
(2) no trade mark can be registered on any services or description of services — (a) similar to a trademark that is owned by a different owner and recorded in the register on the service or the same service description or on items that have close ties with the service; or (b) such that almost resembles the trademark until may deceive or cause confusion.
(3) where separate applications are made by different people so that each registered as trade mark proprietor or similar such virtually resemble each other until may deceive or cause confusion and — (a) the application is about goods or description of goods that is the same; or (b) at least one of such an application of the goods and the other or others of the services available close relationship with the goods, the Registrar may refuse to register any applicant until their rights are determined by the Court or settled through the agreement in a manner approved by him or by the Court.
(4) where separate applications are made by different people so that each registered as the proprietor of trade marks that are similar or almost similar to each other so that might deceive or cause confusion and — (a) the application is about the service or about the same service; or 26 laws of Malaysia ACT 175 (b) at least one of such an application is about service and the other or others of items that have close ties with the service, the Registrar may refuse to register any applicant until their rights are determined by the Court or settled through the agreement in a manner approved by him or by the Court.
Simultaneous use of 20. (1) Notwithstanding subsection 19 (1), in the case of simultaneous use of honest or in the circumstances described in paragraph 6 (4) (c) or in other special circumstances which, in the opinion of the Court or the Registrar may permit the registration of more than one proprietor of a trade mark identical or so almost resemble each other until may deceive or cause confusion if the registration is different the proprietor — (a) on goods or description of goods that is the same; or (b) in the case of at least one owner of the goods, and in the case of the other or others, about which there is a close relationship with the goods, subject to such conditions, amendments, modifications or limitations, if any, of the Court or the Registrar, as the case may be, thinks fit to impose.
(1A) Notwithstanding subsection 19 (2), in the case of simultaneous use of honest or in other special circumstances which, in the opinion of the Court or the Registrar, justify such made, the Court or the Registrar may permit the registration of more than one proprietor of a trade mark identical or so almost resemble each other until may deceive or cause confusion if the registration is different the proprietor — (a) on or about the same service; or Trademark 27 (b) in the case of at least one proprietor, regarding the services, and in the case of the other or others, concerning goods which have close relationship with the service, subject to such conditions, amendments, modifications or limitations, if any, of the Court or the Registrar, as the case may be, thinks fit to impose.
(2) the Registrar may not refuse to register a trade mark identical with or nearly-almost resembles a trademark in the register if the applicant trade marks the first or the previous dealer in business has used the trademark continuously from a date before — (a) trade marks of the other used by the registered proprietor or trader before in its business or by a registered user; or (b) other trademark is registered by the registered proprietor or trader before in its business, whichever is earlier.
Trade marks owned Association 21. (1) where two or more persons interested in a trade mark and none of them shall have the right by itself using the trademark except — (a) on behalf of both or all of them; or (b) in relation to goods or services with which both or all of them have a relationship in the course of trade;

both or all of them can be registered as the proprietor of the trademark and this Act is in force in respect of any person's rights of use of the trademark as if that right is right for one person only.
(2) subject to subsection (1), no nothing in this Act membenar two or more persons who use a trade mark independently, or proposing to use them is registered as proprietor of such trade mark together.
28 laws of Malaysia ACT 175 trademark Associations 22. (1) where a trade mark is registered or that is the subject of an application for registration of any article — (a) is similar to another trade mark which is registered or that is the subject of an application for registration in the name of the same proprietor of goods or description of goods that is equal to or about the services that have close relationship with the goods; or (b) such virtually resemble until may deceive or cause confusion if used by a person other than the proprietor, the Registrar may at any time require that the trademark was registered in the register as associated trade marks.
(1A) where a trade mark is registered or that is the subject of an application for registration of any service — (a) is similar to another trade mark which is registered or that is the subject of an application for the perndaftaran in the name of the same proprietor of the service or the same service description or on items that have close ties with the service; or (b) such virtually resemble until may deceive or cause confusion if used by a person other than the proprietor, the Registrar may at any time require that the trademark was registered in the register as associated trade marks.
(2) on application in the prescribed manner made by the registered proprietor of two or more related trade marks, the Registrar may dissolve the Association on any of the trademark if it is satisfied that there are no any perdayaan or confusion may occur if trade marks trade marks used by one of the 29 others in respect of any of the goods or services of which it is registered, and may amend the register accordingly.
(3) a decision of the Registrar under subsection (2) is subject to appeal to the Court.
Penyerahakan trade marks related to 23. (1) trademark related assignable or moved only in all once and not separately but for all purposes other trade marks shall be deemed to have been registered as separate trade marks.
(2) if the use of a registered trade mark is required to be proved for any purpose under this Act, the Court or the Registrar may, if and in so far as it deems fit by it, menyetuju receive the use of a trademark or the use of the trade mark with additions and changes at substansialnya touching its identity as the equivalent of the use of it.
(3) the provisions mentioned above apply in relation to prove use of a registered trademark and is not connected only by proving the use of a trade mark which one of two or more trade marks concerned.
A series of trademarks 24. (1) where a number of trademarks on goods of the same or of goods of the same description in a class or on the same service or about the services of the same description in one class resemble each other about the details of the material but different on — (a) a statement or representations about goods or services with which the mark is used or proposed to be used;
(b) a statement or representations about the number, price, quality or of names of places;
30 laws of Malaysia ACT 175 (c) other matters that are not distinktif and substansialnya which are not in touch the trademark identity; or (d) color, and someone claiming the trademark proprietor calling for a trademark is registered, the trademark may be registered as a series in one registration.
(2) all trade marks registered in a series must be disifat and registered as associated trade marks.
Part V APPLICATION For REGISTRATION Registration 25. (1) a person who is admitted as the proprietor of a trade mark used or proposed to be used by him may make application to the Registrar to register the trademark in the register in such manner as may be prescribed.
(2) an application cannot be made regarding goods or services that consist of more than one class.
(3) subject to the provisions of this Act, the Registrar may refuse the application or can be menyetuju receive quota as a whole or by subject to conditions, amendments, modifications or limitations, if any, as he may deem fit to impose.
(4) If the Registrar rejects the application or receive quota with conditional menyetuju the Registrar shall, if required by the applicant, stating the grounds of its decision in writing and also materials used by him in reaching the decision.
(5) a decision of the Registrar under subsection (3) is subject to appeal to the Court.
Trademark 31 (6) an appeal under this section shall be made in such manner as may be prescribed and the Court shall, if required, hear the applicant and also the Registrar, and shall make an order decide whether, and subject to conditions, amendments, modifications or limitations of what, if any, the application is going to receive.
(7) the appeal shall be heard on the basis of materials specified by the Registrar as having been used by him in reaching his decision and there is no any reason about object penyetujuterimaan the application may be allowed to be dealt with by the Registrar unless the stated reason such except with the consent of the Court.
(8) where any further grounds of objection are taken into account, about the applicant is entitled to withdraw his application without paying the cost by notice in the prescribed manner.
(9) the Registrar or the Court, as the case may be, may at any time, whether before or after an application is received, correct any error in or in respect of the application or may allow the applicant to amend his application upon such terms as he thinks fit.
(10) an application submitted or is received under this section shall, notwithstanding any correction or amendment allowed by the Registrar or the Court to be made in the application, are deemed to have been made on the date it was presented originally.
(11) (Cut by the Act A1078).
(12) without prejudice to subsection (10), if after an application is received for registration of a trademark but before a trademark is registered, the Registrar is satisfied — (a) that the application is received with error; or (b) that the special circumstances it trademark shall not be registered or to be registered subject to conditions or limitations, or different, 32 laws of Malaysia ACT 175 the Registrar may withdraw the penyetujuterimaan and take action as if the application was not received or is in respect of trade marks shall be registered subject to conditions or limitations, or else only , reproduce a new penyetujuterimaan subject to conditions or limitations, or else.
Application is received if the trademark will be used by assigns or registered user 26. (1) an application to register a trademark of any goods or services cannot be denied and also permission to register the trade mark shall not be detained on the ground that the applicants apparently did not use or do not plan to use the trade mark — (a) if the Registrar is satisfied that a body corporate is almost to be established and that the applicant proposes to assign the trade mark to the Corporation with the object so that it is used by the Corporation in respect of the goods or the service; or (b) if the application has been made to register a person as a registered user of the trade mark, and the Registrar is satisfied that the master of the punyanya suggest the trademark used by that person in respect of goods or services and the Registrar is also satisfied that that person will be registered as a registered user of the trade mark after only trademark is registered.
(2) the Registrar may, as a condition for the exercise of the powers conferred by subsection (1) for the benefit of the applicant, require the applicant to provide security for the costs of any proceeding before it steps in respect of any opposition and, if the securities are not given with the appropriate Registrar may regard the application as omitted.
(3) If a trademark is registered on any goods or services under the powers conferred by subsection (1), unless the Corporation has been registered as the proprietor of the trademark on goods or services of the Trademark 33

within six months, the registration shall be stopped effective with regard to goods or services that the end of the period and the Registrar shall amend the register accordingly.
Advertise the application penyetujuterimaan 27. (1) when an application for the registration of a trademark has is received either as a whole or by subject to conditions, amendments, modifications or limitations, the Registrar shall immediately after the application is received directing that the application as is the advertised by way of thanks may be prescribed.
(2) the Advertisement shall state all the conditions, amendments, modifications and limitations subject to whom the application was is received except that the Registrar may direct that an application for the registration of a trademark advertised before the application is received if consideration in subsection 10 (2B) or subsection 11 (1A) applies or, in any other case, if the Registrar found appropriate to do so by reason of any exceptional circumstances.
(3) where an application has been advertised under subsection (2) the Registrar may, if he thinks fit, advertise the application again when it was is received but the Registrar shall not be bound so to do that.
Opposition against the registration 28. (1) any person may, within the specified period from the date of the advertisement of an application for registration of a trademark, give notice to the Registrar and the applicant about the opposition against the registration.
(2) the notice shall be given in writing in such manner as may be prescribed and shall include a statement of the grounds of opposition.
(3) the applicant shall, within the time prescribed after the notice of opposition is received, send to the Registrar a statement of opposition and reply, in the prescribed manner, of the reasons for his application, and, if he fails to do so, he shall be deemed to have drop the application.
34 the laws of Malaysia ACT 175 (3A) if the applicant submitting a statement reply under subsection (3), the opponent and the applicant shall file evidence and exhibits on display in the prescribed manner and within the time prescribed for support of opposition or counter statement, as the case may be, which shall be submitted in the prescribed manner, and if the opponent or applicant fails to do so, the opposition or the application , as the case may be, shall be deemed to have been omitted.
(3B) if the applicant filed evidence and exhibits on display under subsection (3A), the opponent may, within the time prescribed, send to the Registrar and the applicant evidence a answering should be submitted in the prescribed manner.
(4) after considering the evidence and exhibits on display and after giving to the applicant and the opponent an opportunity to make written arguments, the Registrar shall decide whether — (a) to refuse to register the trade marks;
(b) for the registration of the trade mark as a whole; or (c) to register the trademark subject to such conditions, amendments, modifications or limitations he may deem fit.
(5) a decision of the Registrar under subsection (4) is subject to appeal to the Court.
(6) an appeal under this section shall be in the prescribed manner and the Court shall, if required, hear the parties and also the Registrar and shall make an order decide whether, and subject to conditions, amendments, modifications or limitations of what, if any, the registration will be allowed.
(7) when heard an appeal under this section any party may, either in the manner prescribed or by special permission of the Court, to submit further material for the consideration of the Court but nothing excuses about objections to registration of a trade mark can be allowed to be submitted by the opponent or the Registrar unless reasons are stated by the opposition except with the permission of the Court.
Trademark 35 (8) where any further grounds of objection on the applicant submitted, shall be entitled to withdraw his application without paying the cost of opposition by giving notice as prescribed.
(9) In an appeal under this section the Court may, after hearing the Registrar, permit the trade mark proposed to be registered is modified in such a way that at substansialnya notwithstanding the identity of the trademark, but in any case the trademark therefore as modified shall be advertised in the prescribed manner before being registered.
(10) If a person giving notice of opposition or an applicant sending a statement response after receiving the notice, or if an appellant, do not live nor doing business in Malaysia, the Registrar or the Court may requires it to provide security for costs relating to the opposition proceedings, the application or the appeal, as the case may be, and if the securities are not given properly , The Registrar or the Court may regard opposition, the application or the appeal, as the case may be, as omitted.
Is not the completion of an application for registration is 29. (1) when an application for the registration of a trade mark is not completed within the period of twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice in writing of the completion of the application not to the applicant in the manner prescribed, regard the application as omitted unless it is completed within the time specified in that behalf in the notice.
(2) where an appeal under the provisions of this Act have been submitted regarding an application for registration of a trade mark the Registrar shall not be given notice of the application was not completed until the expiration of three months after the appeal is resolved or until the expiry of any further period as may be allowed by the Court.
36 laws of Malaysia ACT 175 PART VI REGISTRATION and REGISTRATION trademark registration 30. (1) when an application for the registration of a trademark in the register has been is thanks and either — (a) the application was not dibangkang and the period for opposition has expired; or (b) the application objected and the opposition has been disconnected for the benefit of the applicant, the Registrar shall, unless such application has been received with error, is to register the trademark in the register on payment of the prescribed fee in the name of Lord punyanya, and registered trade marks shall be registered as such at the date of application for registration, and that date shall be deemed for the purposes of this act as the date of registration.
(2) where a trademark is registered, the Registrar shall issue to the applicant a certificate of registration of the trade mark in the prescribed form and the certificate must be stamped with the seal of the Registrar.
Time for registration of 31. (1) subject to subsection (2), a trade mark shall not be registered after twelve months from the date of advertised penyetujuterimaan application for the trademark registration.
(2) if the registration of a trademark too late by reason of — (a) of opposition against the registration of the trademark;
(b) an appeal is made to the Court; or (c) any act the Centre for Trademark or any other trademark office, Trademark the trademark 37 may be registered within such period as may be directed by the Registrar or the Court, as the case may be.
(3) where a trade mark is not registered in the period in respect of which, the application shall lapse time.
Registration period 32. (1) registration of a trade mark is for a period of ten years but can be renewed from time to time in accordance with this Act.
(2) where a trademark registered under the repealed Ordinance and the trade marks included in and become part of the register under this Act then the trademark registration, unless renewed under this Act, is for the remaining period of the trademark has been registered or renewed under the repealed Ordinance.
(3) the registration of a trademark can be renewed from time to time in accordance with part VII.
Words used as name or description of an article, thing or service 33. (1) the registration of a trademark shall not be deemed to be invalid merely by reason of an or several words contained in or forming part of a trademark that has been used as a name or description of an article, thing or service after the date of the trade mark is registered.
(2) if it is proved either — (a) that the word has been used in famous and sure as the name or description of the goods or the thing by the person who conducted trade goods or the thing that is not already in use in relation to goods which have a relationship in the course of trade with the proprietor or a registered user of the trade mark, or of a trademark certificate, not has been used in relation to goods certified by the proprietor;
38 the laws of Malaysia ACT 175 (b) that the goods or things that were formerly manufactured under a patent; that a period of two years or more have lapsed after the cessation of the patent and that the word is only practicable name or description of the item or the thing; or

(c) that the word has been used in famous and sure as the name or description of services by those who provide services which include the service that is not already in use in relation to services with penyediaannya the proprietor or registered user of the trade mark in the course of trade relations, subsection (3) shall be in effect.
(3) where the facts mentioned in paragraph (2) (a), (b) or (c) is proved in respect of an Word or words — (a) if the trade mark consists solely of that Word or those words, the registration of the trade mark, so far as applicable to the registration of goods, objects or services in question or of any goods or services of the same description, shall be deemed for the purposes of section 45 as an entry is incorrectly in the register;
(b) where the trade mark contains a word or words that and other matters, the Court or the Registrar at decide whether the trademark is in the register, the extent in respect of registration of goods, objects or services in question or of any goods or services of the same description may, if the results given allow the trademark is in register, require as a condition of the decision so that the master punyanya deprive any exclusive rights of use of a word or words in relation with goods, objects or services in question or of any goods or services of the same description but even Trademark 39 However there something nuclear disarmament in the register shall affect any rights of the proprietor of a trade mark except as arising from the registration of trade marks of which nuclear disarmament is made; and (c) for the purposes of any other proceeding at law in respect of the trade mark — (i) if the trade mark consists solely of that Word or those words, all rights of the registered owner for the use of the exclusive trademark in relation to goods, objects or services in question or of any goods or services of the same description; or (ii) if the trade mark contains that Word or those words and other matter, all rights of the registered owner on the exclusive use of the words or the words in a relationship as in subparagraph (1), shall be deemed to have stopped at the date of use mentioned in paragraph (2) (a) or (c) first became famous and you or the end of a period of two years referred to in paragraph (2) (b).
(4) no particular words commonly used and accepted as the name of a chemical element or single chemical compound, as unlike a mixed, can be registered as a trade mark on article or chemical preparations, except that this subsection shall not have effect in relation to a word which is used to indicate only a brand or make of the element or compound made by the proprietor or a registered user of the trade mark as different from the element or compound made by others and associated with a name or description of the appropriate open to the public.
40 laws of Malaysia ACT 175 registered proprietor Power 34. Subject to the provisions of this Act — (a) a person who at the time was recorded in the register as proprietor of a registered trademark is powerful, subject to any rights appearing in the register as vested in any other person, assign a trademark and a valid solution for any consideration for the assignment;
(b) any equity of a trademark shall be the same as the equity of any other personal property.
Rights conferred by registration 35. (1) subject to the provisions of this Act, the registration of a person as a registered proprietor of a trade mark (other than a certification trade mark) of any goods or services is, if valid, give or shall be deemed to have given to that person the exclusive rights for the use of the trademark in relation to goods or services that are subject to such conditions, amendments, modifications or limitations recorded in the register.
(2) If two or more persons is the proprietor of a registered trademark similar or almost similar to each other, the exclusive rights for the use of each of the trade marks are not available (except in so far as their respective rights have been determined by the Registrar or the Court) by any one of them is against any person other than they are with the trademark registration but every one of them has the same rights against other people (who are not users registered) as it has that right if it was a single registered proprietor of the trademark.
Registration is prima facie evidence of the original trademark registration to be valid, etc.
36. in all proceedings at law in respect of a registered trade mark (including applications under section 45) the fact that a person is registered as a trademark owner 41 trademark that is prima facie evidence of his/her original registration of the trademark and legal all assignment and its transfer later.
The ultimate registration 37. In all proceedings in the law with respect to a trademark that is registered in the register (including applications under section 45) of the original registration of the trade mark under this Act shall, after the expiry of seven years from the date of registration of the original, are counted as valid on all matters unless the contrary is proved — (a) that the original trademark registration has been obtained fraudulently;
(b) that the trade mark is in contravention with the provisions of section 14; or (c) that at the start of his trial that the trademark has not been distinktif are goods or services of the registered proprietor, except that this section shall not apply for a trademark registered under the repealed Ordinance and consolidated in the register pursuant to subsection 6 (3) until after the expiry of three years from the first currency of this Act.
Trademark infringement 38. (1) a registered trade mark is infringed by a person if, as not the registered proprietor of the trademark or as not registered user of the trade mark use them with how to use allowed, it using a trademark similar or virtually menyerupainya to might deceive or cause confusion in the course of trade in relation to goods or services which a trademark is registered by a way which caused the use of the mark may be calculated either — (a) as the use of as a trademark;
42 laws of Malaysia ACT 175 (b) where the use is use upon the goods or in physical contact with it or in an advertising circular or other advertisement, issued to the public, as mengertikan a reference to someone who has the right either as proprietor or registered as a registered user to use the trade marks or as mengertikan a reference to goods that have relations with it people in the course of trade; or (c) in the case that the use of is the use of on-site or close to the place where the service is available or implemented or in an advertising circular or other advertisement issued to the public, as mengertikan a reference to someone who has the right either as proprietor or as registered user berdafftar to use the trade mark or to services with penyediaannya that person have a relationship in the course of trade.
(2) (Cut by the Act A1078).
Violated certain restrictions is in violation of trademark 39. (1) If, by a notice on the goods or on the containers of goods, the registered proprietor or a registered user of a trade mark that is registered in the register make a statement banning performed an act for which this section applies, a person who, as the owner of the goods at the time, do the Act or to allow the Act to be done in respect of the goods in the course of trade or for the purpose of managing the goods in the course of trade shall be deemed to infringe the trademark unless — (a) at the time it agreed to buy the goods that they have acted in good faith without knowing that the statement is available on the goods; or (b) it has become the owner of the goods by virtue of a title that was obtained from another person who has agreed to purchase the goods.
Trademark 43 (2) of the Act to which this section applies are — (a) wearing the trademark on goods after the goods are experiencing changes of the State, how to style or the packaging;

(b) where the trade mark is upon the goods, vary, delete part or delete part of the trademark, wearing something other trade marks on the items or add to the goods of any other matter in writing or otherwise that may be harmful to the reputation of the trade mark; and (c) where the trade mark is upon the goods and other matters are also on the items show a relationship in the course of trade between the proprietor or registered user registered with the items, deleting or erasing the trademark either in total or in part unless the other articles deleted or deleted altogether.
(3) in this section references in relation to goods of the registered proprietor, about someone registered users, and registration of a trademark shall be respectively construed as a reference to the proprietor of the registered trade mark, of a registered trade mark and registered users of trademark registration in respect of the goods and the term "on" that includes, in respect of the goods, reference to physical contact with the goods.
Acts not to be infringement of 40. (1) Notwithstanding anything contained in this Act, the following acts shall be an infringement of a trade mark — (a) the use in good faith by a person will be in his own name or the name of his business or the name of any place of business of a dealer before in its business;
(b) the use in good faith by a person will be a description of the type or quality of barang-barangnya, or 44 laws of Malaysia ACT 175 services, and in the case of goods not being a description that might be considered to mean any references mentioned in paragraph 38 (1) (b) or paragraph 56 (3) (b);
(c) the use by a person to be a trademark in relation to goods or services which it by itself or by the previous dealer in business has used the trademark continuously from a date prior to — (i) the registered trade mark used by the proprietor of the registered, by the merchant before in its business or by a registered user of the trade mark; or (ii) the trade mark is registered, whichever is earlier;
(d) in relation to goods which have to do in the course of trade with the proprietor or a registered user of a registered trade mark if, on the goods or on most of the goods, the registered proprietor or of the registered user has, in compliance with the use to which allowed, wearing the trademark and was not then delete or turn it off;
(dd) the use of the trademark by a person in relation to the goods or services with which the registered proprietor or registered user at any time agree expressly or implied;
(e) use of the trademark by a person in respect of goods or services that are adapted to be part of, or to be accessory to, goods or other services with which the mark has been used without violating the rights conferred or that might be at the time of such use, if use of the trademark should be reasonable to indicate that goods or services that suit and Trademark 45 if purpose and also the effects of the use of the trademarks does not indicate a in the course of trade relations between a person with goods or services except by following the facts; and (f) the use of a trade mark, that is to say one of two or more registered trade marks that are similar in substansialnya, in exercise of the right to use that trade mark given by registration as provided by this Act.
(2) where a trademark registered subject to conditions, amendments, modifications or limitations, trademark is not violated if the trademark is used in any way in relation to goods to be sold or exchanged for purchase in any place or in relation to goods to be exported to a particular market or in connection with the service will be provided in a place or in other circumstances , in view of the conditions, amendment, modification, or limits, are not covered by the registration.
PART VII REGISTRATION RENEWAL Registration Renewal 41. (1) the Registrar shall, on application made by the registered proprietor of a trade mark with the prescribed manner and within the prescribed period, renew the registration of the trademark for a period of ten years from the date of expiration of the original registration or from the date of expiry, renewal of the registration of the last, as the case may be, and this date shall be hereinafter referred to as "as the date of the expiration of the last registration".
(2) At the time set before the date of expiration of the last registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor of the date of expiration of the last registration and conditions of payment payments 46 laws of Malaysia ACT 175 allows renewal of registration be obtained and if the conditions are not followed accordingly, the Registrar may delete the trademark from the register, subject to such conditions , if any, set about its inclusion in the register, after the paid fee for restoration.
(3) Notwithstanding subsection (2), the registration of a trademark shall not be renewed if an application for renewal is made after the expiration of one year from the date of expiration of the last registration.
The standard of trade marks that are not renewed 42. Where a trademark has been deleted from the register because the costs for renewal must not explained, the trademark should be, how whatsoever, for the purposes of an application for the registration of a trademark within a period of one year from the date of expiry of the registration end of it deemed to be a trade mark that was already in the register except that the above provisions do not take effect when the Registrar is satisfied either — (a) that there is nothing on the use of good faith has been done about the trademark deleted that within two years before it is deleted; or (b) that nothing perdayaan or confusion may arise from the use of the trade mark applied for to be registered that by reason of any use made of the earlier trade marks a deleted it.
PART VIII FIX CHECK Correct Express 43. (1) the Registrar may, on request made by the registered proprietor of a trade mark with the prescribed manner, amend or vary the register — (a) to correct an error or registering any changes of name, address or description of the registered proprietor of a trade mark;
47 trade marks (b) by deleting the entry of a trade mark in the register;
(c) by amending the determination of the goods or services with which a trademark is registered or registering something nuclear disarmament or memorandam in relation to trade marks without expanded in any way rights given by the existing registration of the trade mark, and can make any amendments or changes arising in the certificate of registration and for that purpose may require the certificate of registration is submitted to him.
(2) the Registrar may, on request made by a registered user of a trade mark with the prescribed manner corrects an error or registering any changes of name, address or description of the registered user.
(3) a decision of the Registrar under this section shall be subject to appeal to the Court.
Changes to registered trademarks of 44. (1) the proprietor of the registered trade mark may apply in the manner prescribed to the Registrar for permission to make any additions or changes to the trade marks in any way that does not touch on the trademark identity substansialnya and the Registrar may refuse to give his consent or the permission can provide on such conditions and subject to such limitations as he may deem fit.
(2) the Registrar may direct that an application under this section are advertised with the prescribed manner if he found appropriate to do so, and if within the specified period from the date of the advertisement any person gives notice to the Registrar the prescribed manner of opposition against the application, the Registrar shall, after hearing the parties, if so required, to give a decision on the matter.
(3) a decision of the Registrar under this section shall be subject to appeal to the Court.
48 laws of Malaysia ACT 175 (4) If the consent under subsection (1) is given, the trade marks, as amended, shall be advertised with the prescribed manner unless it has already been advertised, in the form it was changed it in an advertisement under subsection (2).
Fix Express 45. (1) subject to the provisions of this Act —

(a) the Court may, on application by the prescribed manner of any person aggrieved by not both or with tertinggalnya from the register is an entry or by an entry made in the register without sufficient cause, or by an entry is incorrectly in the register or with an error or defect in any entry in the register, make such order as he deems fit so that the entry is made , modified or deleted;
(b) the Court may, in any proceeding under this section decide any question that may be necessary or appropriate in connection with the correct Sign decided;
(c) regarding fraud in the registration, assignment, or transfer of a trademark registered or if in the opinion of the Registrar have to apply to the Court for the benefit of the people, the Registrar may himself do so under this section;
(d) a court order correcting the register shall direct that notice of the rectification communicated to the Registrar the prescribed manner and the Registrar shall on receipt of the notice rectify the register accordingly.
(2) (Cut by the Act A1078).
The provisions about the lack of use of the trade mark 46. (1) subject to this section and to section 57, the Court may, on application by any person aggrieved, order that a trademark be deleted from the register of any of the goods or services with which a trademark is registered on the ground: Trademark 49 (a) that the trademark has been registered without the intention of good faith on the part of the applicant of the registration or, if the trademark has been registered under subsection 26 (1) , without the intention of good faith on the part of the body corporate or the registered user in question, to use the trademark in connection with goods or services and that in fact there is nothing on the use of good faith has been done about the trademark in connection with goods or services by the registered proprietor or registered user of the trade mark at the time and the date one month before the date of the application; or (b) that until one month before the date of the application a period of not less than three years continuously has expired in which the trademark was registered trademarks and during that period there is nothing on the use of good faith has been done about the trademark in connection with goods or services by the registered proprietor or registered user of a trademark at the time.
(2) unless an applicant has been granted under section 20 to register a trademark similar or almost similar trademark on goods or services related to the application or the income that the applicant could be allowed with fit to register the trade marks, the Court may refuse an application made under subsection (1) — (a) in relation to any goods If there have been, before the date of the relevant or relevant during the period, as the case may be, use sacred heart that trademark by the proprietor of the registered trade marks for the time being in relation to goods of the same description of goods, i.e., of which a trademark is registered; and (b) in relation to any service, if there have been, before the date of the relevant or relevant during the period, as the case may be, use sacred heart that trademark by the proprietor 50 laws of Malaysia ACT 175 registered trademark at that time in relation to services of the same description, i.e. service of which a trademark is registered.
(3) If goods in respect of which a trade mark is registered — (a) the matters referred to in paragraph (1) (b) is shown as far as respect of default using the trademark in relation to goods to be sold or exchanged for purchase in a certain place in Malaysia (which is not to export from Malaysia) or in relation to goods to be exported to a particular market outside Malaysia; and (b) a person has been permitted under section 20 to register a trademark similar or almost similar trademark on the goods under a registration that cover the use of that Trademark in relation to goods to be sold or exchanged for purchase in the place (which is not for export from Malaysia) or in relation to goods to be exported to that market the opinion of the Court, or the person may be allowed with supposed to register the trade marks, the Court may, on application by that person, direct that the registration of trade marks the first that imposed such conditions, amendment, modification, or limitation by the Court thinks fit to ensure that the registration no longer cover the use of that Trademark in relation to goods to be sold or exchanged for purchase in the place (which is not for export from China) or in connection with any goods or will be exported to that market.
(3A) where in relation to services with which a trade mark is registered — (a) the matters referred to in paragraph (1) (b) shown as far as concerning the breach of the trademark use in relation to services provided in a certain place in Malaysia; and trademark 51 (b) a person has been permitted under section 20 to register a trademark similar or almost similar trademark on such services under a registration covering the use of the trade mark in relation to services provided in the place, or the Court is of the opinion that the person may be allowed with fit to register the trade marks, the Court may , on the application of the person, direct that the registration of trade marks the first mentioned imposed such conditions, amendments, modifications or limitations the Court thinks fit to ensure the registration no longer cover the use of that Trademark in relation to services provided in that place.
(4) an applicant is not entitled to use as an excuse, for the purposes of paragraph (1) (b) or for the purposes of subsection (3) or (3A), any default use of a trademark if the breach is proved to have been due to special circumstances in the trade rather than by intention shall not use or by intention you want to drop the trademark in relation to goods intended by the application.
(5) (struck by A881 Act).
Register the assignment 47. (1) where a person becomes entitled to a registered trademark through assignment or transfer of, such person shall make application to the Registrar to register the rights and the Registrar shall, on receiving the application and evidence of that right to his satisfaction, register him as the proprietor of the trademark on goods or services with which assignment or transfer is to take effect and also direct that particulars of the assignment or transfer is recorded in the register.
(2) a decision of the Registrar under subsection (1) is subject to appeal to the Court.
52 laws of Malaysia ACT 175 (3) except on an appeal under this section or of an application under section 45, a document or instrument with which there are any entries made in the register in accordance with the provisions of subsection (1) may not, unless the Court otherwise directs, admissible in evidence in Court to prove the rights over a trademark registered.
PART IX REGISTERED USERS registered users 48. (1) subject to the provisions of this section, if the registered proprietor of a trade mark to provide, through a valid contract, the right to any person to use the trademark for all or any man goods or services with which a trademark is registered, the person may be recorded in the register as a registered user of the trade marks whether with or without any conditions or restrictions , provided that it shall be a condition of any such registration that the registered proprietor shall maintain and carry out the control over the quality of the goods or services provided by the registered user associated with the trademark.
(2) where a proposed registered as a registered user of a trade mark, the registered proprietor shall submit an application to the Registrar for the registration of that person as a registered user of the trade marks and the application shall be accompanied of the prescribed fee and the following information: (a) an overview of the registered trademark;
(b) the name, address and the address for service of the parties;
(c) goods or services with which the registration is intended;
(d) any conditions or restrictions proposed with respect to the characteristics of the goods or services, the manner or place of use of the authorised or any other matter; and trademark 53 (e) whether the use is for a period or without limit of period, and if for a period, the duration of that period.
(3) the registered proprietor shall give to the Registrar any documents, information or details required by the Registrar or any regulations made under this Act.

(4) on receipt of an application for the registration of a person as a registered user of a trade mark under subsection (2), the Registrar shall register the register all required to be given under that subsection.
(5) where a person has been registered as a registered user of a trade mark, the use of the trade mark by a registered user is within the limits of its registration shall disifarkan as use by the registered proprietor of the trademark to the extent of such use of the trade mark by a registered user and shall be deemed to be non-use by any other person.
(6) the provisions of subsection (5) shall cease to have effect in respect of any registered user of a trade mark — (a) if the trademark cease to be registered trademarks for any reason;
(b) if the goods or services for which the trademark is registered then limited up to get rid of any or all of the goods or services with which the registration of the registered user has been made;
(c) if the registered proprietor cease to exercise control over the use of the trademark and on the quality of goods or services provided by a registered user in question in relation to the trademark;
(d) at the date of the expiration of the last registration of the trademark unless a new application made under subsection (2) to participate in any application for renewal of registration of the trademark;
54 laws of Malaysia ACT 175 (e) at the date of any assignment or transfer of the registered trademark, unless and until the decline of the title is recorded in the register in accordance with the provisions of this Act and the proprietor of the registered trade marks then make a new application under subsection (2).
(7) if the registered proprietor of a trade mark cannot exercise any rights conferred upon it by its registration up to the detriment of any other registered user of the trade mark, the registered user may apply to the Court to obtain any relief deemed fair by the Court, including the correction of the register with the order of the registered users are recorded as the registered proprietor of the trade mark, and in the case if use of the trademark by any person entitled to use it is likely to be deceptive or cause confusion , The Court may order the trade marks deleted from the register, notwithstanding the provisions of section 37.
(8) Section 62 shall apply to any proceedings under subsection (7) that may lead to any change or correction of the register.
The power to amend, extend or cancel the registration of a user registered 49. (1) without prejudice to section 45, the registration of a person as a registered user of — (a) may be varied by the Registrar upon written request with the prescribed manner of the registered proprietor of the goods or services for which the registration is to take effect or of any conditions or restrictions subject to whom the registration is to take effect;
(b) may be extended by the Registrar upon written request of the registered proprietor for a period as the Registrar may think fit;
(c) may be cancelled by the Registrar on the application of the registered proprietor.
Trade mark 55 (d) (struck by A881 Act).
(2) the Registrar may at any time cancel the registration of a person as a registered user of a trade mark for any goods or services with which the trade mark is no longer registered.
(3) any decision of the Registrar under subsection (1) or (2) is subject to appeal to the Court.
50. (Cut by A881 Act).
Step proceeding of breach of 51. (1) subject to any agreement that still exists between a registered user of a trade mark by the proprietor of the registered trade mark, the registered user shall be entitled to ask the registered owner to take his trial due to a breach of the trademark, and if the registered proprietor refuses or negligent to do so within two months after such requested then the registered user can take measures that breach proceeding in his own name as if it were a registered proprietor and shall make the proprietor of the registered person the wrong claim.
(2) the registered proprietor that turned into a party be such claim shall not be liable to pay costs unless they include attendance and participate in the proceeding.
Registered users cannot submit rights 52. This section does not give to the registered user of a trade mark an assignable rights or moved over the use of the trademark.
53. (Cut by A881 Act).
54. (Cut by A881 Act).
56 laws of Malaysia ACT part X 175 ASSIGNMENT of TRADEMARK assignment and transmission trade mark 55. (1) subject to this section, a registered trademark can be handed over and transferred with or without the good name of business concerned about goods or services with which a trademark is registered, or of part of the goods or the services.
(1A) subsection (1) shall have effect in the case of an unregistered trade marks used in connection with any goods or services as they have effect in the case of a registered trademark which was registered regarding any goods or services, if at the time of assignment or transfer of a trademark not registered that it is used or has been used in the same business as registered trademarks , and if it diserahhakkan or transferred or has diserahhakkan or has been transferred at the same time and to the same person as the registered trademark and goods or services all are goods or services related to it unregistered trademark or the were used in that business and registered trade marks of it that or have diserahhakkan or transferred.
(2) Notwithstanding subsection (1), a penyerahakan of a trademark without the good name of either before or after the start the currency of this Act shall be invalid if there is any use of good faith has been done about the trademark at any time in Malaysia by the submitter of any such right or the previous but in respect of the provisions of this subsection shall not apply if — (a) the trademark has been registered with the object so it is assignable to a body corporate which is still to be established and the trademark diserahhakkan; or (b) the trademark has been registered with the object so that a person will be allowed to use it as a registered user and a registered user of the trade mark was registered 57 of the trademark within six months after registration of the trademark and have used the trademark in that period.
(3) Notwithstanding subsection (1) and (1A), a trade mark shall be deemed to be assignable or moved if, as a result of the transfer or assignment, whether under the common law or by registration, more than one of the people concerned will have the exclusive right to use a trademark similar or to use such trade marks nearly resembling each other until may deceive or cause confusion.
(4) where an application is made in the manner prescribed by the registered proprietor of a trade mark which is proposing to menyerahhakkannya or by a person who States that a trademark was transferred to him or to the previous since the start has been the currency of this Act, the Registrar, if it is satisfied that in all the circumstances the use of the trade marks in exercise of those rights would not be contrary to the interests of the people , may in writing approve the transfer and assignment or an assignment or transfer of approved shall be deemed to be not valid or invalid as having been under this section, but this provision is not in force unless an application for the registration under section 47 of title those who become entitled is made within six months from the date the approval is given or , about a transfer, was made within the six months before that date.
(5) where an assignment of any goods or services of a particular trademark at the time of assignment is used in business in goods or services is made other than in connection with the good name of the business, assignment shall not be deemed to have come into effect unless the assignment has been advertised in the prescribed manner and application for assignment without goodwill the , accompanied by the ad, was sent to the Registrar.
(6) (struck by A881 Act).
58 laws of Malaysia ACT 175 (7) a decision of the Registrar under this section shall be subject to appeal to the Court.
PART XI TRADEMARK CERTIFICATE of trademark acknowledgement

56. (1) A mark must, in respect of any goods or services, can distinguish in the course of trade between the goods or services that are certified by a person about the origin, material, means of manufacture, quality, accuracy, or other characteristics, with goods or services that are not certified such registrable as a certification trade mark in the register of the items in the name of such person as the punyanya except that a mark cannot be registered as such in the name of a person who carries on the trade of goods or services of the type that certified it.
(2) in determining whether a cap can distinguish, the Registrar may pay attention to the extent to which — (a) cap that basically can distinguish in relation to the goods or services concerned; and (b) by reason of the use of the mark or by reason of any other circumstances, the mark in fact can distinguish in relation to the goods or services concerned.
(3) subject to paragraph 37 (a) and (b), paragraph 40 (1) (a) to (c) and this section, the registration of a person as proprietor of a registered trade mark acknowledgement of any goods or services is, if valid, gives to that person the exclusive right to use the trademark in connection with goods or services, and without prejudice to the generality of the above, the rights shall be deemed to be infringed by a person if , as non-registered proprietor of the trademark or as not a person who may be authorised by the proprietor of the trade marks registered under the trade mark 59 rules for that purpose to use it according to the rules, the person using a stamp similar or almost menyerupainya to likely to mislead or cause confusion, in the course of trade, in respect of any goods or services of which it is registered and in a way that caused the use of the mark may be calculated either — (a) as the use of a trademark;
(b) where the use is use upon the goods or in physical contact with it or in an advertising circular or other advertisement, issued to the public, as a means of a reference to a person who has the right either as proprietor or registered with authorisation under the rules relating to use of the trade mark or to goods certified by the proprietor registered; or (c) in the case that the use of is the use of on-site or close to the place where the service is available or implemented or in an advertising circular or other advertisement issued to the public, as a means of a reference to a person having the right either as proprietor or as registered user to use the trade mark or service with penyediaannya that person have a relationship in the course of trade.
(4) the right to use a trademark certificate, given by registration shall be subject to such conditions, amendments, modifications or limitations recorded in the register and shall not be deemed to be infringed if the trademark is used by any other means, in relation to goods to be sold or exchanged for purchase in any place, in relation to goods to be exported to any market , in connection with the services will be provided in a place or in such circumstances that, look to such conditions, amendments, modifications or limitations that, are not covered by the registration.
60 laws of Malaysia ACT 175 (5) the right to use a trademark certificate, given by registration shall not be deemed to be infringed if it is used by a person — (a) in relation to goods certified by the proprietor of the registered trade mark if, regarding the goods or part of the goods, the proprietor or another in accordance with the authorisation under the relevant rules have been using the trademark and was not then delete or turn it off;
(aa) if the registered proprietor has at any time expressly or impliedly agreed to the use of the trademark; or;
(b) in relation to goods or services which are adapted to be part of, or to be accessory to, goods or other services thereto the trademark has been used without violating the rights conferred or might at that time have been used so, if use of the mark was judiciously need to indicate that goods or services is adapted in such a meaning and also the effects of the use of the cap is not to show other than the fact that goods or services is certified by the registered owner;
except that paragraph (a) is not in force on the use of consisting of the application of the mark at any goods, even if the goods are goods mentioned in paragraph if application is inconsistent with relevant rules.
(6) where a trademark acknowledgement is one of two or more registered trade marks that are identical or almost similar to each other, use any of the trade marks in exercise of the right of use of the trade mark given by registration shall not be deemed to violate such rights conferred for using any other than the trademark.
(7) an application to register a trade mark under this section mistilah be in writing with the prescribed manner to the Registrar in writing by the person proposing to be registered as the punyanya.
Trade marks 61 (8) the provisions of subsection 25 (2) to (8) and subsection 25 (10) shall have effect in relation to an application under this section as the provisions in force in relation to an application under subsection (1) of that section.
(9) on managing an application under this section, the Registrar shall pay attention to similar consideration, as far as relevant, as if the application were an application under section 25 and also to any other considerations relating to an application under this section, including the need to ensure that a trademark certificate contains something indicating that it is a trade mark as such.
(10) an applicant for registration of a trade mark under this section shall send to the Registrar a draft rules to control the use of the mark and the rules shall include provisions on matters in which the proprietor is required to certify the goods or services and allow use of the trademark and may contain any other provisions that may be required or permitted by the Registrar in order to be included in it (including provisions giving the right to appeal to the Registrar for any refusal by the proprietor certifies goods or services or allow use of the trademark in accordance with the rules) and the rules that, if approved, shall be kept by the Registrar and shall be open for inspection in a manner similar to the register.
(11) the Registrar shall consider the application with regard to the following matters, that is to say — (a) whether the applicant is eligible to certify the goods or services with which the mark is registered;
(b) whether the draft rules were satisfactory; and (c) whether in all the circumstances the registration applied for would be beneficial to the public, and may either — (i) refuse to accept the application menyetuju; or (ii) accept the application menyetuju and approve the rules, either without modification and without 62 laws of Malaysia ACT 175 conditional or subject to such conditions, amendments, modifications or limitations he may deem necessary for application or rules that, but, except in the case where the application is received and approved without modification and with unconditional The Registrar may not decide the matter without giving the applicant an opportunity to be heard and the Registrar may, upon request of the applicant, consider the application before given authorisation to proceed with the application, so that it is free to consider again any matter which was decided by it if any amendment or modifications made subsequently in the application or in the draft rules.
(12) If an application has is thank the Registrar shall, as soon as may be after the agreed receipts that, direct that the application as is the advertised by way of thanks and section 28 shall become effective with regard to the registration of the mark as if the application were an application under section 25 except that, in the judgment under section 28 , Registrar shall pay attention only to the considerations referred to in subsection (9), and a decision under section 28 for the benefit of the applicant that is tersyarat to the decision made by the Registrar to the applicant interest under subsection (13) of any opposition relating to any of the matters referred to in subsection (11).

(13) when notice of opposition is given relating to any of the matters referred to in subsection (11), the Registrar shall, after hearing the parties, if so required, and considering any evidence, decide whether, and subject to conditions, amendments, modifications or limitations of what about the application or about the rules, if any, the registration will be allowed to look into the matter.
(14) (a) rules that are stored on a trademark certificate may, upon the application of the registered proprietor, varied by the Registrar.
Trademark 63 (b) the Registrar may direct that an application for getting consent advertised in a matter if it deems fit to do so and, if the Registrar direct that an application for advertised and a person giving notice of opposition with the Registrar of the application within the specified period from the date of the advertisement then the Registrar shall not decide the matter without giving an opportunity to the party concerned to be heard.
(15) the Court may, upon the application of any person aggrieved made in such manner as may be prescribed, or upon the application of the Registrar, shall make such order as it thinks fit for the delete or change an entry in the register, in respect of a certification trade mark, or to change the rules that are stored, on the ground that — (a) that the registered proprietor is no longer eligible to certify the goods or services with which the trademark is registered;
(b) that the registered proprietor does not comply with a provision of the rules that are stored in the Government required have been complied with;
(c) that it is no longer beneficial to the public for the trademark is registered; or (d) that it is necessary for the benefit of the people so that the rules changed if the trademark is still enrolled;
but the Court does not have any jurisdiction to make an order under section 45 for any of these reasons.
(16) the Registrar shall rectify the register and the rules are stored in such a way that it is necessary to give effect to an order made under subsection (15).
(17) Notwithstanding the provisions of subsection 63 (2) the Registrar shall not have any jurisdiction to award costs to or against any party in an appeal 64 laws of Malaysia ACT 175 to him of the refusal of the proprietor of the registered trade mark acknowledgement certifies goods or services or to allow the trademark is used.
(18) (Cut by the Act A1078).
(19) the provisions of this section shall be construed subject to section 19 * Standards Act 1966 [76/1966].
PART XII TRADEMARK DEFENCE defence of trademark Registration the famous 57. (1) where a trade mark consisting of a word or a few words have become so famous created in respect of any goods or services of which it is registered and, in connection therewith, it has been used, to its use in relation to goods or services may be considered to indicate a relationship in the course of trade between the goods or services thereof with a person who is entitled to use the trade mark in relation to goods or services which is the first such then even if the proprietor of the registered goods or services that do not use the first or do not plan to use the trademark in connection with goods or services of the other and notwithstanding the provisions of section 46 of the trade mark may, on application made in the manner prescribed by the proprietor of the registered goods or services is the first , registered under the name of goods or other services such as a trademark defence and during such registered trade marks shall not be deducted from the register about goods or services thereof under section 46.
* NOTE — Standards Act 1966 [76/1966] was repealed by the Act National Institute of standards and industrial research of Malaysia (incorporation) order 1975 [Act 157] – see section 42. Act standards and Industrial Research Institute of Malaysia (incorporation) order 1975 [Act 157] has been repealed by the Malaysian Standard Act 1996 [Act 549] – see section 23.
Trademark 65 (2) the registered proprietor of a trade mark may apply to register the trademark of any goods or services as a defensive trade mark even if the trademark has been registered under the name of goods or services such as a trade mark other than a trademark defence, or may apply to register the trademark of any goods or services as a trade mark other than as a defensive trade mark even if the trademark is already registered under the name of goods or services such as a trademark defence to replace, in every only, existing registration.
Defensive trade marks trade marks deemed related 58. A trademark that is registered as a defensive trade mark and the trade mark as otherwise registered in the name of the same proprietor shall disifat and registered as associated trade marks even though their respective registration is about goods or services that are different.
Fix Express 59. The Registrar may at any time cut the trademark registration of an offensive about it there are any further registration in the name of the same proprietor other than as a defensive trade mark.
Application Of Act 60. Subject to this part, the provisions of this Act apply with respect to any registration of a trade mark as a defensive trade mark and in relation to a trademark that is registered as a trademark defence but it is not necessary for the registered proprietor of a trade mark for the defense to prove use of the trade marks for the purpose of obtaining the renewal of registration.
66 laws of Malaysia ACT 175 PART XIII PROCEEDING at law, costs and legal Acknowledgement DESCRIPTION registered trademarks of 61. If in any proceedings in the law to be valid a trademark registered is questionable and decisions are made for the benefit of the proprietor of the registered trade mark that, then the Court may certify accordingly and if the Court certify, if legal registration is questioned in a hearing in the presence of the law then, the proprietor of the registered trade mark is entitled, when getting an order or the ultimate sentence for the benefit , got the costs, charges and expenses full as between a solicitor by the client, unless the trial then the Court certifies that the registered proprietor should not get it.
Listen To Registrar 62. (1) where in any proceedings the law, reliefs requested include altering or correcting the register, the Registrar is entitled to appear and be heard, and shall appear if so directed by the Court.
(2) unless otherwise directed by the Court, the Registrar may, rather than attend and be heard in person, submit to the Court a statement in writing signed by him, giving particulars of the steps of the proceedings before it in relation to the matters in question or details of reasons of a decision given by him on the matter or details of the practice of the Office in terms of similar, or details of any other matter which he deems fit related to the question-the question that and known by him as a Registrar and the statement shall be deemed to be part of the evidence in the proceedings.
The cost of 63. (1) in all proceedings before the Court under this Act, the Court may award to any party such costs as he thinks judiciously and as Trademark 67 may deem the judiciously and the cost of the Registrar shall be in the discretion of the Court, but the Registrar shall not be ordered to pay the costs of any of the other party of it.
(2) in any proceedings before the Registrar under this Act, the Registrar is powerful award to any party such costs as it considers reasonable and also directs how and by Parties of the costs to be paid, and such an order may, with the consent of the Court, be implemented in a manner similar to a sentence or order of a court for similar purpose.
Manner of giving evidence 64. (1) in all proceedings before the Registrar under this Act, evidence shall be given by way of statutory declaration unless otherwise directed, but in any case as he thinks fit, the Registrar may take evidence viva voce in lieu of or in addition to evidence by way of a declaration.
(2) any such statutory declaration may, on appeal, used before the Court in lieu of evidence by way of affidavit, but if so used shall have all the it burden and consequences of evidence by way of affidavit.

(3) in any action or proceeding in relation to a trade mark or trade name, the Registrar or the Court, as the case may be, shall receive evidence as to the prevalence of trade concerned or evidence about the prevalence of business services, and a description of any trademark or trade name or business name or how relevant his style used with valid by others.
A copy of the executed shall be evidence 65. (1) printed or written copy of or extract from the register, purporting to be certified by the Registrar and sealed with the seal be admissible in evidence in any proceeding before any Court of law without further proved his original documents or presented.
68 the laws of Malaysia ACT 175 (2) a certificate purporting to be signed by the Registrar of any act which it is authorised under this Act to do and that it has or has not done, as the case may be, shall be prima facie evidence in any proceeding before any Court of law about the things it has been doing or not doing the Act.
The Minister may declare a foreign document on trademark as admissible as evidence is 66. (1) the Minister may by order published in the Gazette declare a document or a document class of a foreign country as admissible as evidence in a proceeding before a court if — (a) the document was sealed with the seal of the authorised officers or with the seal of the Government of the foreign country and the seal is about trademark registered in or even recognized by the foreign country or if there is something that the seal certificate are included signed by the authorised officer which means that the document is evidence of the matters contained therein; and (b) the foreign country or part thereof has been making reciprocal arrangements with the Malaysian Government on where the documents received in evidence.
(2) for the purposes of this section — "trade mark" means any sign, brand, head, label, ticket, name, signature, Word, letter, figure or any combination thereof used or proposed for use in relation to goods or services for the purpose of showing or so that shows a relationship in the course of trade between the goods or services is with a person who has the right either as proprietor or as registered user to use the trade marks (in foreign countries it) either by showing or not showing the identity of the person and registered or recognized by foreign countries as a trademark Trademark 69 (under any law in force in the foreign countries in respect of trade marks), but does not include the trademark of a foreign country which is registered in the foreign country or even recognized by the foreign country pursuant to a reciprocal arrangement between foreign countries is with other foreign countries;
"document" means — (a) a copy of the printed or written or extract or record of other trade marks that are stored and maintained in a foreign country under any law in force in the foreign countries in respect of trade marks; or (b) any document relating to any matter or act with respect to a trademark that is registered in the foreign country or even recognized by foreign countries such as trade marks;
"authorised officer" means a person or an authority authorised by the Government of a foreign country to keep and maintain a register or other record of capdagangan under any law in force in the foreign countries in respect of trade marks.
(3) for the avoidance of doubt, this section shall not be construed as giving recognition to the trademark of a foreign country for the purpose of registration under this Act but shall be interpreted just about where foreign documents received in evidence in any proceedings before the Court.
Authority 67. In an appeal against the decision of the Registrar under this Act, the Court shall have and shall exercise authority as given to the Registrar under this Act.
68. (Cut by A881 Act).
70 laws of Malaysia ACT 175 Appeal against the decision of the Registrar 69. Unless expressly permitted by the provisions of this Act or by regulations made thereunder there any appeal can be made against a decision of the Registrar but in dealing with any question of the rectification of the register (including all applications under section 45) the Court is powerful revise any decision of the Registrar relating to the entry in question or the correction sought to be made of it.
PART XIV of the CONVENTION on the INTERNATIONAL right of priority and the ARRANGEMENTS under the Convention, etc.
70. (1) where any person has applied for protection for any trade mark in a Convention country or foreign country is determined, such person or representative of the undangnya or the serahhaknya, having made the Declaration within the time stipulated indicating the date of the application and the country in which it is made, shall, in respect of the application for the registration of its trade mark, has the right of priority and the application in Malaysia shall have the same date as the date of application for protection in a Convention country or foreign country specified may be, as the case may be, subject to the following: (a) that the application for registration is made within six months from the date of application for protection in a Convention country or foreign countries set may be, as the case may be; and if an application for protection made in more than one Convention countries or foreign country is determined, the period of six months referred to in this paragraph shall be calculated from the date of the earlier application or the earliest is made;
(b) that the applicant is either nationals or resident, or a body corporate incorporated under the laws of, the State Trademark 71 foreign prescribed Convention or may be, as the case may be; and (c) that nothing in this section shall entitle the proprietor of a trademark to obtain damages for infringement occurring before the date of application for protection of the trademark is made in Malaysia.
(2) Notwithstanding any other provision of this Act, the registration of a trade mark in respect of which the right of priority exists cannot be denied or revoked solely by reason of the use of the trademark by any other person in Malaysia during the past six months.
(3) an application for registration of a trade mark in respect of which the right of priority exists — (a) shall be made in accordance with and be treated in the same way as an application for registration under this Act; and (b) shall state the Convention countries or foreign country is determined, as the case may be, where the application for protection, or the first application for protection, is made and the date of application for protection is made.
(4) in respect of a foreign country is determined, this section shall apply only for the duration of the period that the order remain in force in respect of that country.
(5) for the purposes of this Act, the Minister may, by order published in the Gazette, declare a country as has made arrangement with Malaysia for the reciprocal protection of trade marks.
Temporary protection of trademark goods or services become a matter of international exhibition a.70A. Notwithstanding anything in this Act, temporary protection shall be given to a registered trade mark on goods or services become matter exhibition in an official international exhibition or exhibition is recognised as an official international held in Malaysia or in any Convention country or foreign country specified.
72 the laws of Malaysia ACT 175 (2) temporary protection is granted under subsection (1) shall not extend any period priority claimed by an applicant and if the right of priority claimed by an applicant then from cover in the meantime, the priority period of six months but shall continue such period shall commence from the date of the goods or service is introduced into the exhibition.
(3) an applicant for the registration of a trade mark which goods or services become matter exhibition in an official international exhibition or exhibition International is recognised as an official in Malaysia or in any Convention country or foreign countries and seeking to obtain registration of that mark in Malaysia within six months from the date of the goods or services the first matter to be the exhibition shall be , at his request, be deemed to have applied to get the registration on the date of the goods or services the first became a matter of the exhibition.

(4) evidence that goods or services who wore the trademark matter exhibition in an official international exhibition or exhibition International is recognised as an official shall be through a certificate issued by the competent authorities of the exhibition.
Protection of famous trademark 70B. (1) the proprietor of a trade mark which is entitled to protection under the Paris Convention or the TRIPS Agreement as a well-known trade mark is entitled to prevent injunction with usage in Malaysia in the course of trade and without the consent of the proprietor of the trademark, or its main Division, which is similar to or almost similar to cap the proprietor, in respect of the same goods or services If the use of that might deceive or cause confusion.
(2) no nothing in subsection (1) shall affect the persistence of any bona fide use of a trademark that began before the commencement of this Act.
Trademark 73 (3) in this section references to a trade mark which is entitled to protection under Article 6bis of the Paris Convention or the TRIPS Agreement Article 16 as a famous trademark is about a stamp known in Malaysia as the cap a person whether or not such person carries on business, or have any good name, in Malaysia, and references to the proprietor of the trademark shall be defined accordingly.
PART XIVA BORDER Measures 70C Interpretation. In this section, unless the context otherwise requires — "lancung trademark goods" means any goods, including packaging, which therein without the consent of a trade mark that is similar or almost similar trademark registered with valid in respect of the goods, or which cannot be distinguished on aspects of the importance of the trade mark, and in violation of the rights of the proprietor of the trade mark under this Act;
"goods in transit" means imported goods, whether or not didaratkan or transferred to other vehicles in Malaysia, which will be brought to a another country, whether with the same vehicle or another;
"the seized goods" means goods seized under section 70D;
"collateral" means any sum of money in cash;
"import" means to bring or cause to be brought into Malaysia in any way;
"authorized officers" means — (a) a customs officer as defined under the Customs Act 1967; [Act 235] or 74 laws of Malaysia ACT 175 (b) any public officer or any person in the employment of the Corporation appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on an officer authorized by the Division;
"storage period", in respect of goods seized, means — (a) the period specified in the notice given under section 70G in respect of the goods; or (b) if that period has been extended under section 70G, the extended period.
Restrictions on importation of goods trade marks lancung 70D. (1) any person may submit an application to the Registrar specifying — (a) that he is the proprietor of a registered trade mark agent or the proprietor who has the power to submit the application;
(b) that, at the time and place stated in the application, those goods, in respect of the registered trademark, the trademark lancung is expected to be imported for the purpose of trade; and (c) that he opposes the importation.
(2) an application under subsection (1) shall be supported by documents and information relating to them that allow the goods identified by authorized officers, and accompanied by such fee as may be prescribed.
(3) on application under subsection (1) is accepted, the Registrar shall decide on the application, and the Registrar shall within reasonable inform the applicant whether the application is approved.
(4) in determining the reasonable period under subsection (3), the Registrar shall consider all the circumstances relevant to the case.
Trade mark 75 (5) an approval under subsection (3) shall remain in force until the conclusion of the period of sixty days beginning on the day the approval is given, unless the approval is withdrawn before the end of this period, by the applicant by giving notice in writing to the Registrar.
(6) If an approval has been granted under this section and has not expired or revoked, the importation of any goods trademark lancung into Malaysia during the period specified in the approval is prohibited.
(7) upon giving his approval under subsection (3) the Registrar shall immediately take the necessary measures to inform authorized officers.
(8) where an authorized officer has been notified by the Registrar, he shall take appropriate action to prohibit any person from importing goods identified in the notice, which is not goods in transit, and shall seize and detain goods identified it.
70E collateral. (1) the Registrar shall, when giving his approval under section 70D, require the applicant to deposit it so that at the Registrar of a collateral which in the opinion of the Registrar sufficient to — (a) reimburse Registrar for any liability or expense which may be incurred as a result of the seizure of the goods; or (b) prevent abuse and protect the importer; or (c) to pay any compensation as ordered by the Court under this part.
Secure storage of seized goods 70F. (1) Goods seized shall be brought to a secure place as directed by the Registrar or as it deems fit by authorized officers.
76 laws of Malaysia ACT 175 (2) if the goods are stored at the direction of authorized officers, authorized officers shall inform the Registrar about the goods seized are.
Notice of 70G. (1) as soon as reasonably practicable after the goods seized under section 70D, authorized officers shall give to the Registrar, the importer and the applicant, either personally or by registered post, a notice identifying the goods, stating that the goods have been seized and place the goods are.
(2) the notice under subsection (1) shall also state that the goods will be released to the importer unless an action for infringement in respect of the goods was initiated by the applicant within the period determined from the date of the notice.
(3) if at the time such notice is received an action for breach of the already initiated by the applicant, he shall notify the Registrar of that fact.
(4) the applicant may, by written notice given to the Registrar prior to the conclusion of the period specified in the notice (the first period), ask for the extended period.
(5) subject to subsection (6), if — (a) a request is made in accordance with subsection (4); and (b) the Registrar is satisfied that it is reasonable the request is allowed, the Registrar may extend the period first.
(6) a decision on a request made in accordance with subsection (4) shall be made within two working days after the request has been made, but such decisions cannot be made after the end of the first period which the request related.
Emission inspection, etc., of goods seized 70H. (1) the Registrar may authorize the applicant or importer check goods seized if he agrees to give the undertaking required.
Trademark 77 (2) undertaking required referred to in subsection (1) is an undertaking in writing that the person giving the undertaking shall be — (a) return a sample of the goods seized to the Registrar at the time determined the satisfaction of the Registrar; and (b) take reasonable care to prevent damage to the sample.
(3) if the applicant gives an undertaking is required, the Registrar may allow the applicant to take samples of goods seized from the custody of the Registrar for inspection by the applicant.
(4) If the importer gives the undertaking required, the Registrar may allow the importer to take samples of goods seized from the custody of the Registrar for inspection by importers.
(5) where the Registrar allows inspection of the seized goods, or to allow the recruitment of sample goods seized it, by the applicant in accordance with this section, the Registrar is not liable to the importer for any loss or damage suffered by the importer arising out of — (a) damage to any goods seized it happens during the examination; or (b) anything done by the applicant or any other person to, or in relation to, a sample taken from the custody of the Registrar or any use of the samples made by the applicant or any other person.
Forfeiture of goods seized with the consent of 70I. (1) subject to subsection (2), the importer may, by notice in writing to the Registrar, consent to the dilucuthakkan goods seized.
(2) the notice must be given before any action for infringement in respect of the seized goods is started.
78 laws of Malaysia ACT 175 (3) if the importer gives notice that, of the goods seized were forfeited and shall be disposed of in such manner as may be prescribed through regulations made under this section.

Compulsory release of seized goods to importer 70J. (1) the Registrar shall release the goods seized to the importer upon the expiry of savings for them if the applicant — (a) no action for pelanggaarn in respect of the goods; and (b) does not give notice to the Registrar stating that an action for infringement has been started.
(2) where — (a) an action for infringement has been initiated in respect of the seized goods; and (b) at the end of the period of thirty days beginning on the day of action for infringement is started, there is no effect from an order of the Court before which the action initiated to stop the release of the goods, the Registrar shall release the goods to the importer.
(3) if the applicant gives written notice to the Registrar stating that he consent to the release of the seized goods, the Registrar shall release the goods to the importer.
Compensation for not taking action 70 k. (1) where goods have been seized pursuant to a notice given under section 70D and the applicant does not take action for infringement in the storage period, any person aggrieved by the seizure may apply to the Court to obtain an order for compensation against the applicant.
Trademark 79 (2) if the Court is satisfied that the person aggrieved has been incurring loss or damage as a result of the seizure of the goods, the Court may order the applicant to pay compensation in such amount as the Court may think fit to the person aggrieved.
Action for infringement of the registered trade mark 70L. (1) where an action for infringement has been initiated by the applicant, the Court may in addition to any relief that can be given — (a) order that the seized goods be released to the importer subject to such conditions, if any, as the Court may think fit;
(b) order the goods seized, were not released to the importer before the specified period ends; or (c) order that the seized goods dilucuthakkan, depending on the circumstances of the case.
(2) the Registrar or authorized officers shall have the right to be heard during the hearing of an action for infringement.
(3) a court shall not make an order under paragraph (1) (a) if the Court is satisfied that the Registrar or any authorities required or permitted under any other laws to maintain control of the seized goods.
(4) the Registrar shall comply with an order made under subsection (1).
(5) where — (a) the action is denied or terminated, or if the Court decides that the trade mark is registered in connection with the importation, it is not infringed goods seized it; and (b) a defendant to an action for infringement of the satisfaction of the Court that he had incurred a loss or damage as a result of the seizure of the goods, the Court may order the applicant to pay compensation in such amount as the Court may think fit to the defendants.
80 laws of Malaysia ACT 175 disposal of goods seized commanded so dilucuthakkan 70M. If the court order that the goods seized shall be dilucuthakkan, the items shall be disposed of in such manner as the Court may direct.
Collateral is insufficient 70N. (1) where reasonable expenses incurred by the Registrar in respect of any action taken by the Registrar under this section, or who is engaged by an order of the Court under this section in excess of the amount of security deposited under section 70E, the amount more debt that is payable to the Registrar.
(2) Debt created through subsection (1) shall be payable by the applicant, or, if there are two or more applicants, by the applicant Association and several.
Action ex officio 70O. (1) any authorized officer may withhold or suspend the release of goods, based on prima facie evidence which has been obtained by the officer, a goods trade marks lancung.
(2) if the goods were detained, authorized officers that — (a) shall notify the Registrar, the importer and owner of the trademark; and (b) may at any time request from the proprietor of the trade mark any information that can assist it in carrying out its powers.
(3) subject to section 70J, an importer may submit an appeal against detention or suspension of release of goods under subsection (1).
Mark 81 (4) authorized officers can only be exempted from liability if his actions under subsection (1) done in good faith.
Regulations relating to border measures 70P. (1) the Minister may make regulations as are necessary or expedient for the purposes of this section.
(2) without prejudice to the generality of subsection (1), regulations may be made — (a) fix and impose fees and provide for the means for collecting fees;
(b) prescribing the forms and notices;
(c) provides a way for depositing collateral;
(d) prescribing any other matter are required to be prescribed under this section.
SECTION XV of the VARIOUS use of trade mark for export trade 71. Application of a trade mark in Malaysia in the goods to be exported from Malaysia and any other act done in Malaysia in respect of the goods, which if done in relation to goods to be sold or exchanged for purchase in Malaysia will be the use of a trademark in Malaysia, shall for the purposes of this Act be deemed to be use of the trademark in respect of the goods.
(2) subsection (1) shall be deemed to have effect in relation to an act done before the commencement date the currency of this act as they have effect in relation to an act done after that date, but it does not touch a court decision that has been made before that date or decision of an appeal against such decisions.
82 the laws of Malaysia ACT 175 use of the trademark if the form of trading changed 72. The use of a trade mark in relation to goods or services where a form of relationship in the course of trade still exists between goods or services by the person using the trade mark shall not be deemed to be likely to cause perdayaan or confusion on the ground only that the trade mark has been or is used in relation to goods or services where a form different relations in the course of trade were or still exists between goods or services by the person or someone that person's previous title holders.
Preliminary opinion by the Registrar of 73. (1) the power to express an opinion to someone who intends to apply for the registration of a trademark in the register about whether the trademark is found by the Registrar prima facie evidence as can differentiate is a task of the Registrar under this Act.
(2) a person who wishes to obtain the opinion shall make application to the Registrar in the prescribed manner.
(3) where an application for registration of a trademark made within three months after the Registrar gave the opinion that the application can be approved and the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade marks cannot distinguish then the applicant shall be entitled, after giving notice to withdraw the application within the specified period , recoup any costs that have been paid when the proper filing of the application.
Power of Registrar to amend document 74. (1) the Registrar may, on any conditions of the cost as it thinks fit, whether for the purpose of correcting an error in terms of writing or a clear mistake, corrected membenar an application for trademark registration or notice of opposition or other documents submitted in a trademark office.
Trademark 83 (2) an amendment of an application shall not be allowed under this section if the amendments would affect the identity at the substansialnya trade marks as may be specified in the application before the amendment.
(3) a decision of the Registrar under subsection (1) is subject to appeal to the Court.
Other powers of Registrar 75. (1) the Registrar may, for the purposes of this Act — (a) sue the witness;
(b) receive evidence on oath;
(c) require that a document or thing produced; and (d) award costs against a party in the proceeding before him.
(2) a person who fails to comply with a summons, order or direction made by the Registrar under paragraph (1) (a), (b) and (c) without any legal reason is deemed to have committed an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
(3) costs awarded by the Registrar may, if not paid, claimed in a court berbidangkuasa qualified as debt due by the person against whom the costs were given to a person for the benefit of that cost has been given.
Exercise of the discretion

76. If a power of discretion is given to the Registrar by this Act or by any regulations made thereunder, the Registrar cannot exercise the power against the applicant for registration or the registered proprietor concerned without giving to the applicant an opportunity to be heard (if duly required to do so within the specified period).
84 laws of Malaysia ACT 175 extension of time 77. (1) if the time specified by this Act or any regulations made thereunder in which an act or thing to be done, the Registrar may, unless otherwise expressly provided or directed by the Court, on application in the prescribed manner, extend the time either before or after the expiration of that time on payment of the prescribed fee.
(2) subsection (1) does not apply for section 29, subsection 31 (3), section 70 and section a.70A except where the circumstances mentioned in section 78 apply.
Extension of time by reason of the errors in the Trademark Office, etc.
78. (1) where by reason of — (a) the circumstances that cannot be controlled by the person concerned; or (b) an error or action on the part of the Centre for Trademark or any other trademark office;
an act in respect of an application for the registration of a trade mark or in the proceedings under this Act (which is not a proceeding in the Court) which is required to be done in a specified time has not done so then the Registrar may extend the time for doing the Act.
(2) the time required for doing an act can be extended under this section even though the time has expired.
Address for delivery of 79. (1) If an applicant for the registration of a trademark does not reside or carry on business in Malaysia, he shall give to the Registrar an address for delivery in Malaysia to be the address of his agent, and if he fails to do so, the Registrar may refuse to take further action on the application.
Trademark 85 (2) an address for delivery stated in the application or in a notice of opposition shall, for the purposes of the application or the notice of opposition, be deemed to be the address of the applicant or opponent, as the case may be, and any other documents relating to the application or the notice of opposition may be served by leaving it at the address for delivery to the applicant or opponent, as the case may be , or by sending it by post to the address.
(3) an address for delivery can be changed by notifying the Registrar in writing.
(4) subject to subsection (1) the registered proprietor of a trade mark shall from time to time notify the Registrar in writing of any change in the register and the Registrar shall amend the register accordingly.
(5) the address of the registered proprietor of a trade mark as there was at that time in the register shall for all purposes under this Act are deemed to be the address of the registered proprietor.
80 agents. (1) If an applicant for the registration of a trademark does not reside or carry on business in Malaysia, he shall appoint an agent to act for him.
(2) If an Act required by this Act so done by or to any person in connection with a trade mark or proposed trade mark or any procedure related to it, the Act may, under and in accordance with this Act and any regulations made thereunder or in a particular case with special permission of the Registrar, be done by or to an agent on the person duly authorised in the prescribed manner.
(3) No person, firm or company may be authorized to act as an agent for the purposes of this Act unless such person is domiciled or resident in Malaysia or firm or the company established under the laws of Malaysia and the person, firm or corporation that carries on business or practice principally in Malaysia.
86 the laws of Malaysia ACT 175 Expressed with false trade marks as registered 81. (1) a person who makes a representation — (a) in respect of a trade mark, which is not a registered trademark, which means that the trademark is a registered trademark;
(b) in respect of part of a registered trademark, not being a part separately registered as a trademark, which means that the trademark was registered as such;
(c) which means that a trademark is registered on the goods or services with which the trademark is not registered; or (d) which means that the registration of a trade mark gives an exclusive right of use of the trademark will be in circumstances in which, in view of the conditions or restrictions entered in the register, the registration does not give that right, is guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term of not more than two months or to both.
(2) for the purposes of this section use in Malaysia in relation to a trade mark will be the word "registered", or of any other word referring whether expressly or in a way understand the registration shall be deemed to mean a reference to registration in the register unless — (a) where that Word is used in physical association with other words as shown with the letter that is at least equal with the letters the word is shown and indicate that the reference is to registration as a trade mark under the law of a country outside of Malaysia, the country that under the law the registration referred to is in fact in force;
Trademark 87 (b) where that Word (i.e. a word other than the word "registered") is itself an indicating that the reference is to registration as referred to in paragraph (a); or (c) where that Word is used in relation to a mark registered as a trade mark under the law of a country outside Malaysia and in relation to goods to be exported to that country.
Unregistered trademarks of 82. (1) No person whatsoever shall be entitled to take any action to prevent infringement of a trade mark is not registered or claim gantirosak for it.
(2) Notwithstanding, anything the provisions of subsection (1), no nothing in this Act shall be deemed to affect the right to take action against anyone as mengelirupakan goods or services as goods or services of another person or remidi thereon.
Regulation 83. (1) subject to the provisions of this Act, the Minister may make regulations for the purpose of carrying out the provisions of this Act.
(2) in particular and without prejudice to the generality of subsection (1), the regulations may make provision for all or any of the following — (a) regulating the practice (other than practices in connection with the proceedings before the Court or in connection therewith) under this Act including the service of documents;
(b) mengklasfikasikan of goods and services for the purposes of trademark registration;
(c) make or require duplication of trademark or other documents;
88 the laws of Malaysia ACT 175 (d) obtain and control broadcasting and sale or distribution of copies of trade marks and other documents in such a way that the Minister thinks fit;
(e) to prescribe the fee shall be paid in respect of any matters or things required for the purposes of this Act;
(ea) to provide for the registration and entitlement agents;
(f) make regulations in General on matters concerning the trademark arrangements in any Trademark Office whether or not fixed with special under this Act but however rules shall not be inconsistent with any of the provisions of this Act.
(3) (struck by A881 Act).
(4) subject to the provisions of this Act, the Rules Committee established under the Judicature Act, 1964 can make rules for the Court to regulate the practice and events in relation to the proceeding before the Court or in respect of which and also the costs of the proceeding.
Repeal and saving of 84. (1) Trade Marks Ordinance, trade marks Ordinance 1950, Sabah and Sarawak, trade marks Ordinance are hereby repealed.
(2) Notwithstanding, any Ordinance specified in subsection (1) shall be repealed: (a) any bylaws made under any repealed laws shall in so far as such legislation is not inconsistent with the provisions of this Act remain in force and effect as if it had been made under this Act and may be repealed, extended, varied or amended accordingly;
Trade marks 89 (b) any appointment made under the repealed laws or under the bylaws made hereunder it shall remain in force and effect as if it had been made under this Act unless otherwise directed by the Minister;

(c) any certificate issued under any of the repealed laws and in force immediately before the start the currency of this Act shall, subject to the limitations, conditions and the legal period specified in the certificate, continue in force and have similar effects as if it were issued under this Act and the Registrar may amend, modify, renew , or cancel the certificate in accordance with the powers conferred upon him by the provisions of this Act in respect of which.
90 laws of Malaysia ACT 175 laws of MALAYSIA Act TRADE MARKS ACT 1976 175 LIST AMENDMENT law short title force amend from * A881 Act trade marks Act (Amendment) 01-12-1997 1994 Act A1078 Act trade marks (Amendment) 01-08-2001 2000 [P.U. (B) 278/2001] A1138 Act Act trade marks (Amendment) Act 03-03-2003 2002 [P.U. (B) 103/2003] * ENTRIES — (1) the amendments to section 11 , 14, subsection 19 (1) and 19 (3), subsection 20 (1), 22 (1), 26 (1). Section 27, 28, 42, subsection 46 (1), 46 (2), 46 (3) and 46 (5), section 48, paragraph 49 (1) (c) and 49 (1)) (d), section 50, 53, 54, 55, subsection (5) and 55 (6), section 68, 70, subsection 77 (1) and 79 (1) of Act 175 notwithstanding any application for the registration of a trademark or for registration as a registered user or a trademark registration or registered users , as the case may be, made under the Act before the commencement of this Act and the provisions shall apply to the application or registration, as the case may be, as if it has not been amended in such a way.
(2) Paragraph 24 (c), section 25, 31, paragraph 37 (c) and section 51 of this Act shall apply only in respect of an application for registration of a trademark or trade mark renewals or for pendaftaram as a registered user or for any trademark that is registered, as the case may be, on or after the commencement of this Act – see section 61 of the Act, the trade marks (Amendment) Rules 1994 [Act A881].
Trade marks 91 laws of MALAYSIA Act 175 TRADEMARK ACT 1976 LIST of the SECTION AMENDED Section Power amend with effect from 2 Act A881 01-12-1997 3 Act A881 01-12-1997 Act A1078 01-08-2001 A1138 Act 03-03-2003 4 Act A881 01-12-1997 A1138 Act 03-03-2003 4A of the Act A1078 01-08-2001 5 Act A881 01-12-1997 6 Act A1078 01-08-2001 8 A881 Act 01-12-1997 A1138 Act 03-03-2003 9 Act A881 01-12-1997 10 A881 Act 01-12-1997 Act A1078 01-08-2001 11 Act A881 01-12-1997 Act A1078 01-08-2001 12 Act A881 01-12-1997 14 Act A881 01-12-1997 Act A1078 01-08-2001 14A of Act A1078 01-08-2001 16 A881 Act 01-12-1997 17 Act A881 01-12-1997 19 Act A881 01-12-1997 92 laws of Malaysia ACT 175 20 Act A881 01-12-1997 21 Act A881 01-12-1997 22 Act A881 01-12-1997 24 Act A881 01-12-1997 25 Act A881 01-12-1997 Act A1078 01-08-2001 26 Act A881 01-12-1997 27 Act A881 01-12-1997 28 Act A881 01-12-1997 29 Act A881 01-12-1997 30 Act A1078 01-08-2001 31 Act A881 01-12-1997 32 Act A881 01-12-1997 33 Act A881 01-12-1997 35 A881 Act 01-12-1997 Act A1078 01-08-2001 37 Act A881 01-12-1997 Act A1078 01-08-2001 38 A881 Act 01-12-1997 Act A1078 01-08-2001 39 Act A1078 01-08-2001 40 Act A881 01-12-1997 41 A881 Act 01-12-1997 42 A881 Act 01-12-1997 43 A881 Act 01-12-1997 45 Act A1078 01-08-2001 46 Act A881 01-12-1997 A881 Act 47 01-12-1997 Section Power amend with effect from trade marks Act 93 48 A881 01-12-1997 49 A881 Act 01-12-1997 50 A881 Act 01-12-1997
53 A881 Act 01-12-1997 54 A881 Act 01-12-1997 55 A881 Act 01-12-1997 Act A1078 01-08-2001 56 A881 Act 01-12-1997 Act A1078 01-08-2001 57 A881 Act 01-12-1997 58 A881 Act 01-12-1997 64 A881 Act 01-12-1997 65 A881 Act 01-12-1997 66 A881 Act 01-12-1997 68 A881 Act 01-12-1997 70 A881 Act 01-12-1997 a.70A A881 Act 01-12-1997 70B Act A1078 01-12-1997 70C Act A1078 01-08-2001 A1138 Act 03-03-2003 70D Act A1078 01-08-2001 70E Act A1078 01-08-2001 A1138 Act 03-03-2003 70F Act A1078 01-08-2001
70G Act A1078 01-08-2001 70H Act A1078 01-08-2001 70I Act A1078 01-08-2001 A1138 Act 03-03-2003 Section Power amend with effect from 94 laws of Malaysia ACT 175 70J Act A1078 01-08-2001 70 k A1078 Act 01-08-2001 70L Act A1078 01-08-2001 A1138 Act 03-03-2003 70M Act A1078 01-08-2001 A1138 Act 03-03-2003 70N Act A1078 01-08-2001 A1138 Act 03-03-2003 70O Act A1078 01-08-2001 70P Act A1078 01-08-2001 72 A881 Act 01-12-1997 73 Act A1078 01-08-2001 75 Act A881 01-12-1997 77 A881 Act 01-12-1997 78 Act A881 01-12-1997 79 A881 Act 01-12-1997 80 A881 Act 01-12-1997 81 Act A881 01-12-1997 82 Act A881 01-12-1997 83 A881 Act 01-12-1997 Section Power amend with effect from