Malaysia legislation

Section 29

of STANDARD AND INDUSTRIAL RESEARCH INSTITUTE OF MALAYSIA (INCORPORATION) ACT 1975

Section 29

(2)

Notwithstanding anything to the contrary in the Ordinance—

(a)

a mark adapted in relation to any goods to distinguish in the course of trade goods that conform to a standard specification from goods that do not conform to that or any other standard specification shall be registrable as a certification trade mark under section 75 of the Ordinance in respect of the first-mentioned goods in the name of the Council as the proprietor of the certification trade mark;

(b)

any such certification trade mark may contain or consist of the words "Malaysian Standard" or the acronym "SIM"; and in relation to an application made under this section, those words and acronym shall be deemed, for the purposes of section 75 (2) of the Ordinance, to be inherently adapted to distinguish as stated in paragraph (a);

(c)

in relation to an application made by virtue of this section and to a certification trade mark registered pursuant to such an application. section 75 of the section and to a certification pursuant to such an application, section 75 of the Ordinance shall have effect subject to the foregoing provisions of this section and as if references in section 75 of the Ordinance to regulations for governing the use of certification trade marks had been omitted; and

(d)

except pursuant to an application made by the Council under this section, no trade mark shall be registrable under the Ordinance, whether as a certification trade mark or otherwise, if it contains or consists of the words "Malaysian Standard" or the acronym "SIM" or if it so nearly resembles those words or the acronym as to be likely to deceive or cause confusion.

LACT. 175

2162/AA856.

% 56 of the Trade marks Act 1976 AA856.

Aet AA856.

Lov SIRIM

(A·A 403/77)

XMS lacronyms.

24

(3)

Nothing in subsection (2) shall be construed as affecting the validity of any trade mark entered in the Register of Trade Marks before the 1st February, 1967.