Law of Trade Marks and Passing Off in Malaysia By Teo Bong Kwang

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Law of Trade Marks and Passing Off in Malaysia By Teo Bong Kwang

Author Teo Bong Kwang
Publication Date 01 April, 2021
ISBN (Book) 9789674009601
ISBN (E-book) 9789674009649
Format Softcover / Ebook
Publisher LexisNexis

 

This book on Trade Marks and Passing Off gives readers a complete overview of the statutory requirements and principles governing trade mark registration, maintenance, and enforcement, as well as the fundamental principles governing common law passing off actions. The author has drawn on his years of expertise to provide detailed commentary on the general concepts and practise of trade mark law in Malaysia, as well as an in-depth analysis of the principles of passing off, in light of the recently adopted Trademarks Act 2019. While the new Act governs trade mark law, the Trade Marks Act 1976 continues to apply to some trade mark applications due to the Act's saving provisions. To answer this, the book includes several chapters that discuss the 1976 Act's provisions and case law developments. More importantly, the author has sought to clarify the key sections of the recently enacted Trademarks Act 2019 by referring to a number of case laws that explained similar provisions in the UK, European Union, and Singapore trade mark legislation.

TABLE OF CONTENTS of Law of Trade Marks and Passing Off in Malaysia

PART I: HISTORICAL BACKGROUND AND GENERAL CONCEPTS
CHAPTER 1. Historical Background and Basic Concepts
CHAPTER 2. Use of a Trade Mark
CHAPTER 3. Administration of Trade Mark Registration and Related Matters

PART II: THE OLD LAW
CHAPTER 4. Registrable Trade Marks under the Repealed Act
CHAPTER 5. Prohibitions on Registration under the Repealed Act
CHAPTER 6. Dealing with the Registrar’s Objections under the Repealed Act
CHAPTER 7. Comparison of Trade Marks Under the Old Law
CHAPTER 8. Rectification of Register under the Repealed Act
CHAPTER 9. Infringement of Trade Mark under the Repealed Act
CHAPTER 10. Quasi-Criminal Sanctions under the Unamended Trade Descriptions Act 2011

PART III: THE NEW LAW
CHAPTER 11: What is a Trade Mark?
CHPATER 12: Collective and Certification Marks
CHAPTER 13: Well-known Trade Marks
CHAPTER 14: Registration Procedure and Practice under the New Act
CHAPTER 15: The Madrid Protocol
CHAPTER 16: Absolute Grounds for Refusal of Registration
CHAPTER 17: Relative Grounds for Refusal of Registration
CHAPTER 18: Revocation, Invalidation, Correction and Cancellation
CHAPTER 19: Dealings in Registered Trade Marks
CHAPTER 20: Infringement of Trade Marks under the New Act
CHAPTER 21: Defences to Infringement of Trade Mark under the New Act
CHAPTER 22: Action and Remedies for Infringement of Trade Mark under the New Act
CHAPTER 23: Groundless Threats
CHAPTER 24: Offences and Criminal Sanctions under the New Act

PART IV: PASSING OFF
CHAPTER 25: The Action for Passing Off

PART V: INTERNET AND DOMAIN NAME
CHAPTER 26: Internet and Domain Name


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