Malaysia legislation
Section 28
Section 28
(a)
for at least ten years before 15 April 1994; or
(b)
in good faith before 15 April 1994.
(2)
Where a trade mark has been applied for or registered in good faith, or where rights to a trade mark have been acquired through use in good faith either—
(a)
before the commencement of this Act; or
(b)
before the geographical indication is protected in its country of origin, this Act shall not prejudice the registrability or the validity of the registration of the trade mark, or the right to use the trade mark, on the basis that such a trade mark is identical with or similar to a geographical indication.
(3)
Nothing in this Act shall apply in respect of a geographical indication of any country with respect to goods or services for which the relevant indication is identical with the term customary in common language as the common name for such goods or services in Malaysia or in respect of a geographical indication of any other country with respect to products of the vine for which the relevant indication is identical with the customary name of a grape variety existing in Malaysia as of 1 January 1995.
Exception for use of personal name