Trademarks Act 2019 (Act 815) & Regulations (As At 5th August 2022)
Trademarks Act 2019 (Act 175) & Regulations
(As At 5th August 2022)
An Act to provide for the registration of trademarks in relation to goods and services and to implement the relevant treaties and for other matters connected therewith.
Detailed Contents of Trademarks Act 2019 (Act 175) & Regulations :
The registration and use of trademarks in Malaysia are governed by the Trademarks Act 2019 (Act 815) and its supporting Regulations (as of August 5, 2022). The Act and Regulations give out the steps for trademark registration, administration, and enforcement in Malaysia and serve as a legal framework for trademark protection.
The Trademarks Act of 2019 and its Regulations include the following major elements:
- Registration of trademarks: Under the Act, any sign, symbol, word, or combination of these that can differentiate one person's goods or services from those of another can be registered as a trademark in Malaysia. The regulations outline the prerequisites for submitting a trademark application, including the filing fee, the necessary paperwork, and how to submit the application.
- Examination and opposition: Once a trademark application is filed, it will be evaluated by the Registrar to determine whether it fits the conditions for registration. The Act gives any party a three-month window to object to the registration of a trademark. The Rules specify the steps to take, the deadlines, and the documentation and submission criteria for filing an opposition.
- Renewal of a trademark registration: Trademark registrations are valid for ten years, following which they must be renewed. The Act and Regulations outline the procedures for renewing trademark registrations, which include paying the renewal cost and submitting a renewal application.
- Infringement and enforcement: The Act provides for the enforcement of trademark rights, including civil and criminal remedies for trademark infringement. The Rules specify the steps to take when bringing a trademark infringement lawsuit, together with the required proof, deadlines, and appropriate remedies.
- International trademark registration: Malaysia is a signatory to the Madrid Protocol, which enables such registration. The prerequisites for submitting an international trademark application as well as the process for doing so are outlined in the Act and Regulations.
Overall, the Trademarks Act 2019 and its Regulations provide a complete framework for the protection of trademarks in Malaysia, and ensure that trademark owners have the required legal remedies to safeguard their rights.
Trademarks Act 2019 (Act 815) Contains:
Trademarks Act 2019 (Act 815)
Trademarks Regulations 2019
Find more statutes like Trade Marks Act 1976: Statutes
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