Geographical Indications Act 2000 · Updated to 1 Jan 2006 · Part II · Protection of Geographical Indications
6. Failure to take action
Feedback & supportNo action under section 5 shall be brought against a person for the use of a trade mark which contains or consists of a geographical indication after the expiry of five years—
geographical indication
“geographical indication” means an indication which identifies any goods as originating in a country or territory, or a region or locality in that country or territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin;
from the date such use by that person or his predecessor in title has become generally known in Malaysia; or
from the date of registration of the trade mark by that person under the Trade Marks Act 1976 [Act 175], whichever is earlier.
Subsection (1) shall not apply where the trade mark was used or registered in bad faith.