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Amendments to Trademark Laws

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Sep 05, 2019 (Newsletter Issue 12/19)
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New Trademarks Act 2019 Soon

The long-awaited Bill of the new Trademarks Act 2019 was tabled in the Malaysian Parliament on April 11, 2019 and approved with some amendments by the Lower House (Dewan Rakyat) on July 2, 2019, and by the Upper House (Dewan Negara) on July 23, 2019.

Some of the key changes are the following:
- Accesssuib to the Madrid Protocol & multi-class applications
- Recognition of non-traditional trademarks
- Application date will be the filing date
- Examination on absolute and relative grounds
- Notification of Registration is issued
- Non-Use Revocation by Registrar
- Registration of Registered User Abolished
- Registration conclusive after 5 years instead of 7 under the current Act
- Remedy for groundless threats of infringement proceedings
- Conclusion & Transitional Provisions

It is expected that the new Act will come into effect by the last quarter of 2019. Procedural clarification will be given by the Trademark Regulations 2019 which have not been released.

For further information, please check the article of our contributor the law firm Henry Goh & Co. Sdn Bhd from Malaysia here