Malaysia Trademark Registration
Hotline: 86-755-82148634, Email:rachelxie@citilinkia.com
Is there any type of mark that is prohibited from being registered?
Yes, under the law, these marks are not registrable:
• if the use of which is likely to deceive or cause confusion to the public or would be contrary to law;
• if it contains or comprises any scandalous or offensive matter or would otherwise not be entitled to protection by any court of law;
• if it contains a matter which in the opinion of the Registrar is or might be prejudicial to the interest or security of the nation;
• if it is identical with or so nearly resembles a mark which is well known in Malaysia for the same goods or services of another proprietor;
• if it is well known and registered in Malaysia for goods or services not the same as those in respect of which registration is applied for: Provided that the use of the mark in relation to those goods or services would indicate a connection between those goods or services and the proprietor of the well known mark, and the interests of the proprietor of the well known mark are likely to be damaged by such use;
• if it contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the mark for such goods in Malaysia is of such a nature as to mislead the public as to the true place of origin of the goods; or
• if it is a mark for wines which contains or consists of a geographical indication identifying wines, or is a mark for spirits which contains or consists of a geographical indication identifying spirits, not originating in the place indicated by the geographical indication in question.
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