LexisNexis Essential Reference: Intellectual Property (Trademark)
This publication is designed to offer a clear overview of the legislation that governs Trademark and seek to explain the legal approach adopted by the courts.
"The registration of trademarks in Malaysia is governed by the Trade Marks Act 1976 and Trade Marks Regulations 1997. Registration of a trademark conveys exclusive rights to the registered proprietor to use the mark on the goods or services for which the mark is registered. A trademark registration is valid for ten years and it is renewable. A trademark owner can be an individual, business organisation or any legal entity. Any mark proposed to be used in relation to goods or services to indicate a connection in the course of trade between the goods or services and the person having the right to use the mark can be registered. The mark must be distinctive or capable of distinguishing the products or services bearing it. If the trademark is not registered, the proprietor of the mark will have to rely on the common law remedy of passing off, which can be more difficult and expensive to establish. Marks in other than the English or Malay language are also prima facie registrable although certified translation and transliteration of the marks will be required to be provided. This publication is designed to offer a clear overview of the legislation that governs Trademark and seek to explain the legal approach adopted by the courts. The publication includes: Commentaries on defining specific terms within the Act, The commentaries also cross-refer to local and international cases, Relevant local and international legislation, Summary of recent Trademark cases This publication will serve as an indispensable guide and an essential reference for intellectual property practitioners specialising in trademark, corporate counsel, prosecutors, judges, students, lecturers, as well as researchers. "