Section 104

falsely represents that a trademark is a registered trademark; or

makes a false representation as to the goods or services for which a trademark is registered, knowing or having reason to believe that the representation is false commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

For the purposes of this section, the use in the course of trade in Malaysia in relation to a trademark of the word “registered” or any other word or symbol importing a reference expressly or impliedly to registration, shall be deemed to be a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in Malaysia and that the trademark is in fact so registered for the goods or services in question.