MALAYSIA Law and Practice Contributed by: Dato’ Brian Law, Suaran Singh Sidhu, Woo Wai Teng and Nur Jannah Khairul Anuar, LAW Partnership
MYR50,000, a term of imprisonment not exceeding five years or to both. The applicant is required to declare that the informa - tion provided in the application form is true to the best of their knowledge. In the case of error or mistake, the registered proprietor can request the Registrar of Trademarks correct any incorrect information on the trade mark application (see 4.7 Revocation, Change, Amendment or Correction of an Application ). Under Section 43 (5) of the TMA 2019, any person having sufficient interest may apply to the court for the correction of any error or omission in the Trade Mark Register. Rectifying Incorrect Information In addition to the amendment procedure set out in 4.7 Revocation, Change, Amendment or Correction of an Application , Section 43 of the TMA 2019 provides that the Registrar of Trademarks may, at the request of the registered proprietor in the form determined by the Registrar of Trademarks together with the payment of the prescribed fee: • correct an error or enter any change in the name, address or description of the registered proprietor; • correct the details of description of the goods or services in respect of which the trade mark is registered without extending the rights given by the existing registration of trade mark in any way; or • enter a disclaimer relating to the trade mark without extending the rights given by the existing registration of the trade mark in any way. Section 43 (6) of the TMA 2019 provides that any application for correction will not be made in respect of a matter affecting the validity of the registration of a trade mark. 4.11 The Madrid System Malaysia is a signatory to the Madrid system and mat - ters pertaining to international applications under the Madrid system are dealt with in Sections 74 and 75 of the TMA 2019. An application for an international registration may only be made by:
• a Malaysian; • a body or corporation incorporated under the laws of Malaysia; • a person domiciled in Malaysia; or • a person who has a real and effective industrial or commercial establishment in Malaysia. 5. Trade Mark Procedure for Inter Partes Proceedings 5.1 Timeframes for Filing an Opposition or Cancellation Filing a Trade Mark Opposition An opposition must be filed with the Registrar of Trademarks within two months of the publication of the acceptance of the trade mark application. An extension of up to two months may be granted by the Registrar of Trademarks. The TMA 2019 does not provide a cooling-off period for resolution. Revocation/Cancellation of Trade Marks Under the TMA 2019, an aggrieved person may apply to the court for the revocation of a trade mark where within a period of three years following the date of issuance of the notification of registration, the trade mark has not been put to use in good faith in relation to the goods or services for which the trade mark is registered in Malaysia and there are no proper reasons for non-use. In respect of revocation by the Registrar of Trade - marks, the Registrar of Trademarks may revoke the registration of a trade mark within 12 months from the date of registration of the trade mark if the Registrar of Trademarks is satisfied that it is reasonable to revoke the registration, taking the following into account. • Any relevant obligations of Malaysia under an inter - national agreement or convention. • Any special circumstances making it appropriate: (a) not to register the trade mark; or (b) to register the trade mark only if the registra - tion were subject to disclaimer, conditions, amendments, modifications or limitations to which the registration was not made subject.
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