Section 84
Exception for prior uses of registered geographical indication and trademark
of Geographical Indications Act 2022
Section 77 shall not apply to the use by a qualified person of a registered geographical indication identifying any goods, other than wine and spirit, in relation to any goods or services if the qualified person has, or he and his predecessor in title have, continuously used that geographical indication in relation to those goods or services or related goods or services in Malaysia either—
(a)
for at least ten years before the commencement of this Act; or
(b)
in good faith before the commencement of this Act.
(2)
Section 77 shall not apply to the use of a trademark which is identical or similar to a registered geographical indication if—
(a)
the trademark is a registered trademark or protected international registration designating Malaysia, and taking into account, where appropriate, any priorities claimed in respect of the trademark under the Trademarks Act 2019—
(i)
the application for the registration of the trademark was made in good faith; or
(ii)
the trademark was registered in good faith, under the Trademarks Act 2019 relating to trademark before the date of application for registration of the geographical indication in Malaysia; or
(b)
he has, or he and his predecessor in title have, continuously used the trademark in good faith in Malaysia in the course of trade, before the date of the application for registration of the geographical indication in Malaysia.
(3)
Section 77 shall not apply to the use by a person of a trademark which is identical or similar to a registered geographical indication if—
(a)
the trademark is, before the date of the application for registration of the geographical indication in Malaysia, a well-known trademark in Malaysia; and
Act 836
(b)
the application of section 77 to the use of the trademark is liable to mislead consumers as to the true identity of the goods identified by the geographical indication.