Section 4
Definition of “well-known trademark”
ActIn forceProvision 4 of 188
Section 4
(1)
“Well-known trademark” means any trademark that is well-known in Malaysia and that belongs to a person who—
(a)
is a national of a Convention country; or
(b)
is domiciled, or has a real and effective industrial or commercial establishment, in a Convention country, whether or not that person carries on business, or has any goodwill, in
Malaysia.
(2)
In determining whether a trademark is well-known in Malaysia, the Registrar or the Court shall have regard to the criteria as prescribed.
Definition of “earlier trademark”