Section 45 — TRADEMARKS ACT 2019

(a)

where a notice of opposition to the registration was filed, in accordance with subsection 35(1), the Registrar failed to take into account the opposition in deciding to register the trademark; or

(b)

where before the registration, any person had applied for an extension of time for filing a notice of opposition to the registration, the Registrar failed to take into account the application for extension of time in deciding to register the trademark.

(2)

The revocation under subsection (1) shall be subject to the

Registrar becoming aware of his failure to take into account the opposition or application for extension of time to file a notice of opposition within two months after the notice was filed or the application was made.

(3)

The Registrar shall revoke the registration of trademark within one month from becoming aware of his failure to take into account the opposition or the application for extension of time.

(4)

Notwithstanding subsections (1), (2) and (3), the Registrar may revoke the registration of trademark, within twelve months from the date of registration of trademark, if the Registrar is satisfied that it is reasonable to revoke the registration, taking into account—

(a)

any relevant obligations of Malaysia under an international agreement or convention; or

(b)

any special circumstances making it appropriate—

(i)

not to register the trademark; or

(ii)

to register the trademark only if the registration were subject to disclaimer, conditions, amendments, modifications or limitations to which the registration was not made subject.

(5)

Notwithstanding subsection (2), if the Registrar becomes aware of the failure later, he may be able to revoke the registration under subsection (4).

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(6)

Before the revocation of the trademark, the Registrar shall give a notice of the proposed revocation in the manner as determined by the Registrar to the following persons:

(a)

the registered proprietor of the trademark; and

(b)

any person recorded under Part IX as claiming a right in respect of, or an interest in, the trademark.

(7)

The Registrar shall not revoke the registration of trademark without giving an opportunity to be heard to the following persons:

(a)

the registered proprietor of the trademark; or

(b)

any person recorded under Part IX as claiming a right in respect of, or an interest in, the trademark.

(8)

Where the Registrar revokes a registration under this section—

(a)

the registration shall be deemed to have never occurred;

and

(b)

the registration which has been revoked shall be subject to further examination or proceedings as determined by the Registrar.

(9)

It shall not be the duty of the Registrar to consider whether or not to revoke any registration notwithstanding any request for the

Registrar to do so.

Revocation of registration by Court as to non-use of trademark