LAWS OF MALAYSIA
TRADE MARKS ACT 1976
An Act to make better provisions in the law relating to trade marks and for other matters connected therewith.
BE IT ENACTED by the Seri Paduka Baginda Yang di‐Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:
Section 1. Short title and application
(1) This Act may be cited as the Trade Marks Act 1976.
(2) This Act shall apply throughout Malaysia.
Section 2. Extent of application
(1) This Act shall apply to applications for trade marks made after the commencement of this Act and to trade marks registered on such applications.
(2) Subject to subsection 6(4), this Act shall also apply to trade marks registered under the respective repealed Ordinances.
(3) Notwithstanding their repeal, the repealed Ordinances shall apply to applications for trade marks made before the commencement of this Act and to the registrations of trade marks made on such applications after the commencement of this Act.
Section 3. Interpretation
(1) In this Act, unless the context otherwise requires— “appointed date” has the same meaning as is assigned to that expression in the Intellectual Property Corporation of Malaysia Act 2002 [Act 617]; “assignment” means assignment by act of the parties concerned; “Assistant Registrar” means the person appointed or deemed to have been appointed to be an Assistant Registrar under subsection 4(2) or (3);
“component regions of Malaysia” means the regions of West Malaysia, Sabah and Sarawak;
“Convention country” means a country which is a party to any multilateral treaty relating to trade marks to which Malaysia is also a party;
“Corporation” means the Intellectual Property Corporation of Malaysia established under the Intellectual Property Corporation of Malaysia Act 2002;
“Court” means the High Court; “Deputy Registrar” means the person appointed or deemed to have been appointed to be a Deputy Registrar under subsection 4(2) or (3);
“geographical indication” means an indication which identifies any goods as originating in a country or territory or a region or locality in that country or territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin;
“in the course of trade”, in relation to the provision of services, means in the course of business;