MALAYSIA Law and Practice Contributed by: Dato’ Brian Law, Suaran Singh Sidhu, Woo Wai Teng and Ashlyn Kwong, LAW Partnership
be made to the Trade Mark Register, knowing or having reasons to believe that the entry or thing is false, commits an offence and may be liable to a fine not exceeding MYR50,000, a term of imprisonment not exceeding five years or to both. The applicant is required to declare that the information 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 applica - tion (see 4.7 Revocation, Change, Amendment or Correction of an Application ). Under Section 43(5) of the TMA 2019, any per - son 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 Cor- rection of an Application , Section 43 of the TMA 2019 provides that the Registrar of Trademarks may, at the request of the registered proprie - tor 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 regis - tered 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. 4.10 Refusal of Registration See 2.2 Essential Elements of Trade Mark Pro- tection for the absolute grounds of refusal of registration. For the absolute grounds of refusal of registra - tion for shape marks specifically, see 2.1 Types of Trade Marks . Section 23 of the TMA 2019 lists additional grounds for refusal, including: • likelihood of public deception or confusion, or contravention of the law; • misleading the public about the nature, qual - ity, or origin of goods/services; and • trade marks contrary to public interest or morality. Applicants can respond by filing a written reply or requesting an ex parte hearing, submitting evidence if needed. Failure to respond results in the application being deemed withdrawn. 4.11 The Madrid System Malaysia is a signatory to the Madrid system and matters pertaining to international applications under the Madrid system are dealt with in Sec - tions 74 and 75 of the TMA 2019. An application for an international registration may only be made by: • a Malaysian;
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