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Malaysia Legislation

LAWS OF MALAYSIA

TRADE MARKS ACT 1976 [ACT 175]

P.U.(A) 460/97

TRADE MARKS REGULATIONS 1997
Incorporating latest amendment - P.U.(A) 228/2001

Publication : 16th November 1997
Date of coming into operation :1st December 1997
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ARRANGEMENT OF REGULATIONS
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Preamble

PART I - PRELIMINARY

Regulation 1. Citation and commencement.
Regulation 2. Interpretation.
Regulation 3. Fees.
Regulation 4. Forms.
Regulation 5. Classification.

PART II - DOCUMENTS

Regulation 6. Size, etc. of documents.
Regulation 7. Signature of documents.
Regulation 8. Service of documents.
Regulation 9. Address.
Regulation 10. Address for service.

PART III - AGENTS

Regulation 11. Agency.
Regulation 12. Registration of agents.

PART IV - REGISTRABLE TRADE MARKS

Regulation 13. Marks subject to statutory restriction.
Regulation 13A. Where registration of mark is not allowed.
Regulation 13B. Criteria of well-known mark.
Regulation 14. Royal arms, etc.
Regulation 15. Arms of city, etc.
Regulation 16. Goods or services described on a mark.
Regulation 17. Preliminary advice.
Regulation 17A. Request for search.

PART V - APPLICATION FOR REGISTRATION

Regulation 18. Form of application.
Regulation 19. Representation of mark.
Regulation 20. Representations to be satisfactory.
Regulation 21. Cases of difficulty.
Regulation 22. Series of trade marks.
Regulation 23. Transliteration and translation.
Regulation 24. Amendment of application.

PART VI - PROCEDURE ON RECEIPT OF AN APPLICATION FOR REGISTRATION OF TRADE MARK

Regulation 25. Search.
Regulation 26. Registrar's acceptance.
Regulation 27. Registrar's objection.
Regulation 28. Conditional acceptance.
Regulation 29. Decision of Registrar.

PART VII - CERTIFICATION TRADE MARK

Regulation 30. Application for registration of certification trade mark.
Regulation 31. Case and draft rules.

PART VIII - DEFENSIVE TRADE MARK

Regulation 32. Application for registration of defensive trade mark.

PART IX - ADVERTISEMENT OF APPLICATION

Regulation 33. Application for registration.
Regulation 34. Representation for advertisement.
Regulation 35. Advertisement of series of trade marks.
Regulation 36. Advertisement in other cases.

PART X - OPPOSITION TO REGISTRATION

Regulation 37. Opposition.
Regulation 38. Contents of notice.
Regulation 39. Counter-statement.
Regulation 40. Evidence in support of opposition.
Regulation 41. Evidence in support of application.
Regulation 42. Evidence in reply.
Regulation 43. Further evidence.
Regulation 44. Exhibits.
Regulation 45. Extension of time.
Regulation 46. Written submission.
Regulation 47. Registrar's decision.
Regulation 48. Security for costs.
Regulation 49. Costs in uncontested cases.
Regulation 50. Opposition to a certification trade mark.
Regulation 51. Opposition to alteration of rules of a registered certification trade mark.

PART XI - REGISTRATION AND RENEWAL

Regulation 52. Entry in the Register.
Regulation 53. Registration not completed within twelve months.
Regulation 54. Associated marks.
Regulation 55. Death of applicant before registration.
Regulation 56. Certificate of registration.
Regulation 57. Renewal of registration.
Regulation 58. Reminder of renewal.
Regulation 59. Late renewal.
Regulation 60. Removal and restoration.
Regulation 61. Record of removal.
Regulation 62. Notice and advertisement of renewal and restoration.

PART XII - ASSIGNMENTS AND TRANSMISSIONS

Regulation 63. Application for entry of subsequent proprietor.
Regulation 64. Particulars to be provided.
Regulation 65. Proof of title.
Regulation 66. Assignment without goodwill.
Regulation 67. Entry of assignment in Register.
Regulation 68. Partial assignment.
Regulation 69. Proposed assignment or transmission.

PART XIII - ALTERATION OF THE REGISTER

Regulation 70. Alteration of address.
Regulation 71. Application for making, cancelling or varying an entry by a registered proprietor or registered user.
Regulation 72. Evidence for alteration.
Regulation 73. Advertisement in certain cases.
Regulation 74. Application to the court.
Regulation 75. Order of court.
Regulation 76. Certificate of validity.
Regulation 77. Alteration of registered mark.
Regulation 78. Advertisement before decision.
Regulation 79. Advertisement of altered mark.

PART XIV - REGISTERED USER

Regulation 80. Application for entry of registered user.
Regulation 81. Entry of registered user.
Regulation 82. Variation or cancellation of entry of registered user.
Regulation 83. Expiry or striking out.

PART XIVA - BORDER MEASURES

Regulation 83A. Application to restrict importation of counterfeit trade mark goods.

PART XV - SUPPLEMENTARY

Regulation 84. Extension of time.
Regulation 85. Excluded days.
Regulation 86. Application for hearing.
Regulation 87. Power to dispense with evidence.
Regulation 88. Amendment of documents.
Regulation 89. Certificate by Registrar.
Regulation 90. Statutory declarations.

PART XVI - REVOCATION AND TRANSITIONAL PROVISIONS

Regulation 91. Revocation.
Regulation 92. Saving.

FIRST SCHEDULE (Regulation 3) - FEES
SECOND SCHEDULE (Regulation 4) - FORMS
SECOND SCHEDULE (Regulation 4)- continue
THIRD SCHEDULE (Regulation 5) - CLASSIFICATION OF GOODS AND SERVICES

LIST OF AMENDMENTS