P.U.(A) 460/97
TRADE MARKS REGULATIONS 1997
PART III - AGENTS
Regulation 12. Registration of agents.
(1) The Registrar shall maintain a Register of Trade Marks Agents.
(2) An application to be registered as a trade marks agent shall be made to the Registrar on Form TM 2 accompanied with payment of the prescribed fee.
(3) In order to be registered in the Register of Trade Marks Agents, the applicant shall satisfy the Registrar that he is either domiciled or resident in Malaysia or has a principal place of business in Malaysia, and -
(a) is on the Register of Patents Agents maintained in pursuance of regulations made under the Patents Act 1983 [Act 291]; or
(b) is an advocate and solicitor practising solely in Malaysia; or
(c) holds a recognised degree in any field of studies and has had at least three years experience in the field of industrial property; or
[Am. P.U.(A) 228/2001]
(d) has had at least seven years of experience in the field of industrial property by virtue of he being an ex-officer of the Office; or
[Ins. P.U.(A) 228/2001]
(e) has acted as a trade mark agent to the satisfaction of the Registrar before the Trade Marks Regulations 1997 came into force.
[Ins. P.U.(A) 228/2001]
(4) The Registrar shall not register any person who has been convicted of any registrable offence or any criminal offence involving fraud or dishonesty.
(5) The Registrar, upon being satisfied that the applicant qualifies to be registered in the Register of Trade Marks Agent, shall register the applicant for a term expiring on the 31st December of that year.
(6) An agent shall be removed from the Register of Trade Marks Agent if he -
(a) is no longer domiciled or resident in Malaysia or no longer has a principal place of business in Malaysia; or
(b) is convicted of a registrable offence or any criminal offence involving fraud or dishonesty; or
(c) is an undischarged bankrupt; or
(d) has been struck off and not restored to the Register of Patents Agents or the Roll of Advocates and Solicitors or is suspended for the time being from that Register or that Roll.
(7) An application for the renewal of registration as a trade mark agent shall be made to the Registrar on Form TM 3 together with payment of the prescribed fee by 31 January of each year.
(8) The Registrar, shall upon being satisfied that the conditions specified in subregulations (3) and (4) continue to be satisfied, renew the registration of the trade marks agent for a term expiring on 31 December of that year.
