PERATURAN-PERATURAN CAP DAGANGAN (PENEPIAN DAN PENGUBAHSUAIAN FI) 2020

Bagi maksud Peraturan-Peraturan ini, “langkah-langkah pengawalan atau pencegahan” ertinya langkah-langkah yang ditetapkan, dibuat dan diambil di bawah

Akta Pencegahan dan Pengawalan Penyakit Berjangkit 1988 [Akta 342] yang bertujuan untuk mengawal atau mencegah merebaknya Penyakit Koronavirus 2019 (COVID-19).

JADUAL

[Peraturan 5]

(1)

(2)

(3)

Peruntukan bersamaan di bawah

Jadual

Pertama kepada

Peraturan-Peraturan

Cap

Dagangan 2019

[P.U. (A) 373/2019]

Perkara

Fi (RM)

Butiran 13

Permintaan bagi pembaharuan lewat

1000

(bagi setiap kelas)

Dibuat 23 Disember 2020

[KPDN.100-1/3/3; PN(PU2)316/VI]

DATO SRI ALEXANDER NANTA LINGGI

Menteri Perdagangan Dalam Negeri dan Hal Ehwal Pengguna

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TRADEMARKS ACT 2019

TRADEMARKS (WAIVER AND MODIFICATION OF FEE) REGULATIONS 2020

IN exercise of the powers conferred by paragraph 162

of the

Trademarks Act 2019 [Act 815], the Minister makes the following regulations:

Citation and commencement 1.

(1)

These regulations may be cited as the

Trademarks

(Waiver and Modification of Fee) Regulations 2020.

(2)

These Regulations come into operation on 1 January 2021.

Interpretation 2.

For the purpose of these Regulations, “control or prevention measures” means measures prescribed, made or taken under the Prevention and Control of Infectious

Diseases Act 1988 [Act 342] intended to control or prevent the spread of the

Coronavirus Diseases 2019 (COVID-19).

Waiver of fee 3.

(1)

The fees imposed to any individual, partnership, association, body corporate or institution under the First Schedule of the Trademarks

Regulations 2019 [P.U. (A) 373/2019] are waived for the following matters:

(a)

in respect of item 7, application for amendment of name or address of applicant and correction of name or address of registered proprietor;

(b)

in respect of item 27, request for extension of time for other than opposition proceedings; and

(c)

in respect of item 32, filing of document manually.

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(2)

The waiver under paragraphs 1(a) and (b) shall apply to any individual, partnership, association, body corporate or institution affected with the control or prevention measures and subject to regulation 4.

Application for waiver of fee 4.

(1)

An application for a waiver of fees under paragraphs 3(1)(a) and (b)

shall be—

(a)

made in the form as determined by the Registrar;

(b)

made within the period of 1 January 2021 until 30 June 2021; and

(c)

accompanied with the supporting document to prove that—

(i)

for any application made by an individual:

the applicant is from the B40 group who is entitled for the Household Living Aid or Prihatin National Aid; or his income is affected with the control or prevention measures; or

(ii)

for any application made by any partnership, association, body corporate or institution, the applicant:

has obtained approval for the extension of moratorium or any repayment flexibility from any financial institution;

has cash flow problem affected with the control or prevention measures; or

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has pecuniary indebtedness and problem on repayment of debts affected with the control or prevention measures.

(2)

If an application for registration of trademark or a registered trademark has more than one proprietor the requirements under subparagraphs (1)(c)(i) or (ii)

are deemed to be complied with if one of the proprietors satisfies such requirements.

Modification of fee 5.

(1)

Subject to regulation 6, the fee imposed to any individual, partnership, association, body corporate or institution affected with the control or prevention measures in the Trademarks Regulations 2019 [P.U. (A) 373/2019] for item and matter as specified in column (1) and column (2) of the Schedule is modified as specified in column (3).

(2)

The modification of fee under subregulation (1) shall be applied to the registration of trademark which expires between 1 January 2021 until 30 June 2021.

Application for modification of fee 6.

(1)

An application for modification of fee under subregulation 5(1) shall be—

(a)

made in the form as determined by the Registrar;

(b)

made within the period of six months after the date of expiry of registration referred to in subsection 39(5) of the Act; and

(c)

accompanied with the supporting document to prove that—

(i)

for any application made by an individual:

the applicant is from the B40 group who is entitled for the Household Living Aid or Prihatin National Aid; or

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his income is affected with the control or prevention measures; or

(ii)

for any application made by any partnership, association, body corporate or institution the applicant:

has obtained approval for the extension of moratorium or any repayment flexibility from any financial institution;

has cash flow problem affected with the control or prevention measures; or has pecuniary indebtedness and problem on repayment of debts affected with the control or prevention measures.

(2)

If an application for registration of trademark or a registered trademark has more than one proprietor the requirements under subparagraphs (1)(c)(i) or (ii)

are deemed to be complied with if one of the proprietors satisfies such requirements.

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[Regulation 5]

(1)

(2)

(3)

Corresponding provision under the First Schedule of the

Trademarks

Regulations 2019

[P.U. (A) 373/2019]

Matter

Fee (RM)

Item 13

Request for late renewal

1000

(for each class)

Made 23 December 2020

[KPDN.100-1/3/3; PN(PU2)316/VI]

DATO SRI ALEXANDER NANTA LINGGI

Minister of Domestic Trade and

Consumer Affairs