A NEW TRADE MARK LAW COMES INTO FORCE IN MALAYSIA
Last 27 December 2019 The Malaysia Trademarks Act 2019 came into force.
The new Act foresees the accession to the Madrid Protocol which will allow trade mark owners in Malaysia to seek protection of their trade marks in up to 122 countries by filing one application with a single set of fee. Also foreign companies will have now the possibility to designate Malaysia in their international trade mark applications made through the Madrid Protocol.
On the other hand, the new Act allows applying for a multi-class protection of a trade mark in a single application to cover goods different goods and services and the possibility to register non-traditional trademarks, such as colors, sounds, scents, holograms, positioning, shapes of goods or their packaging and sequence of motions.
Finally, it is worth noting that the Act includes now the possibility to expand the scope of trademark infringement by allowing registered proprietors of a trademark to bring an action for infringement for goods and services that are similar to the goods and services claimed under the registered mark.
