To facilitate understanding of the new legislation, the author has provided an expert overview which highlights the following salient features of the new Act:
- Greater clarity on the registration of non-traditional trademarks;
- The registration of collective marks;
- Removal of the concepts of defensive trademarks and associated trademarks;
- Multi-class filings, divisions and mergers of applications previously unavailable under the Trade Marks Act 1976;
- Greater clarity on the examination of trademarks;
- New provisions on opposition and appeal procedures;
- Rearrangement of the provisions pertaining to cancellation actions;
- Illuminates the provisions pertaining to trademark infringement, including acts amounting to infringement, secondary liability, usage of signs, available defences and procedures and remedies (including the new remedy for groundless threat of infringement proceedings);
- Criminal offences relating to trademark infringement (previously found under the Trade Descriptions Act 2011) are now consolidated and provided for under the Trade Marks Act 2019;
- Commercialisation of trademarks;
- New provisions pertaining to the role and administrative procedure of trademark agents.
The overview is written by an expert and seasoned practitioner with vast knowledge and experience on matters relating to Intellectual Property law, who was accorded the accolade of the Asialaw Regional Award 2019 for Outstanding Practitioner in Malaysia.
This publication is an essential source for lawyers, all Intellectual Property practitioners, academics and students of law, and is invaluable in facilitating a good understanding of the new statutory regime regulating trademarks and related practices in Malaysia.
