Trademarks Act 2019 (Act 815).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act comprising 183 Sections organized into XIX Parts aims to (i) provide for the registration of trademarks in relation to goods and services; (ii) implement relevant treaties; (iii) address other related matters including the establishment of the legal framework for trademark registration, protection, and enforcement in Malaysia. The main provisions of the Act are (i) Definition of "trademark" (Section 3); (ii) Registrar, Deputy Registrars, and Assistant Registrars (Section 10) outlining the roles and responsibilities of the Registrar and other officers; (iii) Application for registration of trademark (Section 17) detailing the process for applying for trademark registration; (iv) Grounds for refusal of registration (Sections 23 and 24) listing the absolute and relative grounds for refusing trademark registration; (v) Rights conferred by registered trademark (Section 48) describing the exclusive rights granted to the proprietor of a registered trademark; (vi) Infringement of trademarks (Section 54) defining acts that constitute infringement of a registered trademark.
To protect consumers from misleading trademarks, the Act includes provisions such as Section 23(5)(a). This specific section states that the Registrar must refuse trademark registration if it's likely to deceive or cause public confusion or if it contravenes any written law. Concerning the intellectual property rights Section 62 describes the nature of a registered trademark as personal or moveable property.
The document specifies the responsibilities of individuals and corporate entities to provide information and documents to the Assistant Controller upon request. Compliance requirements include ensuring that information provided is true and accurate, with penalties for non,compliance, including fines for failure to comply with directives from the Assistant Controller.
To protect consumers from misleading trademarks, the Act includes provisions such as Section 23(5)(a). This specific section states that the Registrar must refuse trademark registration if it's likely to deceive or cause public confusion or if it contravenes any written law. Concerning the intellectual property rights Section 62 describes the nature of a registered trademark as personal or moveable property.
The document specifies the responsibilities of individuals and corporate entities to provide information and documents to the Assistant Controller upon request. Compliance requirements include ensuring that information provided is true and accurate, with penalties for non,compliance, including fines for failure to comply with directives from the Assistant Controller.
Attached files
Web site
Long title of text
An Act to provide for the registration of trademarks in relation to goods and services and to implement the relevant treaties and for other matters connected therewith.
Entry into force notes
This Act enters into force on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different Parts or provisions of this Act.
Repealed
No
Source language
English
Legislation Amendment
No