Subject to subsection 35(3), the registration of trademark may be opposed by a registered proprietor if he or his predecessor in business or a person who is under his control or authority has continuously used the trademark—
registered proprietor
“registered proprietor” means the person for the time being entered in the Register as the registered proprietor of the trademarks;
from a date before the use of the applicant’s trademark or his predecessor in business or by a person who is under his control or authority; or
from a date before the date of filing of the application by the applicant.
Notwithstanding subsection (1), the registration of trademark may be opposed by any person—
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on any grounds under section 23 or 24;
on the ground that the applicant is not the proprietor of the trademark; or
subject to subsection (3), on the ground that—
it is identical with a well-known trademark in
Malaysia and it is to be registered for goods or services which are not identical or not similar to the well-known trademark in Malaysia; or
it is similar to a well-known trademark in Malaysia and it is to be registered for goods or services which are not identical or not similar to the well-known trademark in Malaysia.
The ground of opposition under paragraph (2)(c) may be raised where the use of the opposed trademark in relation to the goods or services for which the opposed trademark is sought to be registered—
would indicate a connection between those goods or services and the proprietor of the earlier well-known trademark;
would create a likelihood of confusion on the part of the public because of such use by the opposed trademark;
and
would likely damage the interests of the proprietor of the well-known trademark.
The ground of opposition referred to in paragraph (2)(c) may only be raised to oppose the registration of an application for registration of trademark made on or after the commencement of this Act.
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