Malaysia legislation
Section 40
Section 40
(a)
the registration of trademark is not renewed; or
(b)
the registration of trademark has been deemed removed and has not been restored, a person other than the person who was registered as the proprietor of the unrenewed trademark may apply for the registration of trademark.
(2)
Where an application for the registration of an unrenewed trademark is made by a person other than the person who was registered as the proprietor of the unrenewed trademark, the unrenewed trademark is taken to be a registered trademark for the purposes of an examination in subsection 29(2) of the application at any time when the registration of the unrenewed trademark could have been renewed and restored under section 39.
Cessation of registration