Section 2
In this Act, unless the context otherwise requires—
“Assistant Registrar” and “Deputy Registrar” mean a person appointed under subsection 10(3) to be an Assistant Registrar of
Trademarks or a Deputy Registrar of Trademarks;
“certification mark” has the meaning assigned to it under subsection 73(1);
14
“collective mark” has the meaning assigned to it under subsection 72(1);
“Convention country” means a country which is a party to any multilateral treaty relating to trademarks to which Malaysia is also a party;
“Convention application” means an application for protection of a trademark in a Convention country;
“Corporation” means the Intellectual Property Corporation of
Malaysia established under the Intellectual Property Corporation of
Malaysia Act 2002 [Act 617];
“Court” means the High Court;
“declared foreign country” means a country declared by the Minister under subsection 27(1);
“distinctive character” means the trademark shall be capable of distinguishing goods or services—
(a)
which the proprietor of the trademark is or may be connected to in the course of trade from goods or services; or
(b)
in the case of which no such connection subsists or where the trademark is registered or intended to be registered, subject to conditions, amendments, modifications or limitations, in relation to use within the extent of the registration;
“geographical indication” has the meaning assigned to it under section 2 of the Geographical Indications Act 2000 [Act 602];
“International Register” means the official collection of data concerning international registration of trademarks maintained by the International Bureau of the World Intellectual Property
Organization;
“international registration” means registration of a trademark in
Trademarks 15
the International Register;
“licensee” means a person who is entitled to exercise his rights under Part X upon being authorized by a registered proprietor of trademark;
“limitations” means limitations of the right to the exclusive use of a trademark given by the registration of the trademark including limitations of that right as to—
(a)
mode of use;
(b)
use within a territorial area within Malaysia; or
(c)
use in relation to goods to be exported to a market outside
Malaysia or use in relation to services to be provided in a place outside Malaysia;
“Paris Convention” means the Paris Convention for the Protection of
Industrial Property of 20 March 1883 as revised from time to time;
“prescribed” means, in relation to proceedings before the Court or preliminary thereto or connected therewith, prescribed by rules of court made by the Rules Committee constituted under the
Courts of Judicature Act 1964 [Act 91], and in other cases, prescribed by the Minister in the regulations made under this Act;
“protected international registration designating Malaysia” means a trademark to which protection resulting from the international registration of the trademark is extended to Malaysia;
“Register” means the Register of Trademarks kept under section 14;
“registered proprietor” means the person for the time being entered in the Register as the registered proprietor of the trademarks;
“registered trademark” has the meaning assigned to it under section 16;
“registrable transactions” means transactions determined by the
Registrar in the guidelines or practice directions under section 160;
16
“Registrar” means a person appointed as a Registrar of Trademarks under subsection 10(1);
“repealed Act” means the Trade Marks Act 1976 [Act 175];
“sign” includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, colour, sound, scent, hologram, positioning, sequence of motion or any combination thereof;
“this Act” includes any subsidiary legislation made under this Act;
“trade” includes any business or profession;
“transmission” means transmission by—
(a)
operation of law;
(b)
testamentary disposition; or
(c)
any other kind of transfer except assignment;
“TRIPS Agreement” means the Agreement on Trade-Related
Aspects of Intellectual Property Rights 1994 which constitutes
Annex 1C to the Agreement Establishing the World Trade
Organization.