Trademarks Act 2019 · Updated to 18 Mar 2022 · Chapter 3
25. Honest concurrent use, etc.
Feedback & supportNothing in section 24 shall prevent the registration of trademark where the Registrar or the Court is satisfied—
Registrar
“Registrar” means a person appointed as a Registrar of Trademarks under subsection 10(1);
that there has been an honest concurrent use of the trademark and the earlier trademark or other earlier right; or
that by reason of other special circumstances it is proper
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for the trademark to be registered.
The registration of trademark under subsection (1) shall be subject to such limitations and conditions as the Registrar or the
limitations
“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;
Court thinks fit to impose.
Nothing in this section—
shall prevent the Registrar from refusing to register a trademark on any of the grounds under section 23; or
shall affect the making of an application for a declaration of invalidity under subsection 47(3).