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Dez 05, 2019
Lee Lin Li, Lim Bee Yi and Low Kok Jin, Tay & Partners
First published at www.taypartners.com.my


Malaysia: Trademarks Act 2019– What’s New? (Part 2)


Lee Lin Li, Lim Bee Yi and Low Kok Jin, Tay & Partners, First published at www.taypartners.com.myIn this part two of the article, we highlight the major changes in the new Malaysian Trademark Act 2019 in respect of oppositions, invalidations, infringements and offences.
The new Act provides greater clarity by setting out the circumstances in which a party may oppose a trademark application. These include that the party has prior use of the trademark; that the trademark comes within one of the absolute and relative grounds of refusal in Sections 23 and 24; and that the trademark is identical or similar to a well-known trademark in Malaysia and is to be registered for similar goods or services. Save for the above, the opposition provisions in the new Act remain substantially the same.
With regard to invalidations, the old Act states that an aggrieved person may apply to rectify the trademark register for, among other grounds, any entry made without sufficient cause and any entry wrongfully remaining in the Register. These phrases often give rise to ambiguity
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