Trademarks Act 2019 · Updated to 18 Mar 2022 · Part VII · Alteration, Correction, Cancellation, Revocation and Invalidity
46. Revocation of registration by Court as to non-use of trademark
Feedback & supportThe registration of a trademark may be revoked by the Court on an application by an aggrieved person on any of the grounds as follows:
where within a period of three years following the date of issuance of the notification of registration, the trademark has not been put to use in good faith in
Malaysia, by the registered proprietor or with his consent, in relation to the goods or services for which the trademark is registered, and there are no proper reasons for non-use;
Trademarks 51
where the use of the goods or services under paragraph (a) has been suspended for an uninterrupted period of three years, and there are no proper reasons for non-use;
where in consequence of acts or inactivity of the registered proprietor, it has become the common name in the trade for the product or service for which it is registered; or
where in consequence of the use of the trademark by the registered proprietor or with his consent in relation to the goods or services for which the trademark is registered, it is liable to mislead the public, including in respect of the nature, quality or geographical origin of those goods or services.
Subject to subsection (3), the registration of trademark shall not be revoked on the ground under paragraph (1)(a) or (b) if such use as is referred to in that paragraph is begun or resumed after the expiry of the three year period and before the application for revocation is made.
Any such use referred to in paragraph (1)(a) or (b) that has begun or resumed after the expiry of the three year period but within the period of three months before the making of the application for revocation shall be disregarded unless preparations of such use began before the proprietor became aware that the application for revocation might be made.
Where grounds for revocation exist in respect of only some of the goods or services for which the trademark is registered, revocation shall relate to those goods or services only.
Where the registration of trademark is revoked to any extent, the rights of the registered proprietor shall be deemed to have ceased to that extent as from—
registered proprietor
“registered proprietor” means the person for the time being entered in the Register as the registered proprietor of the trademarks;
the date of the application for revocation; or
if the Court is satisfied that the grounds for revocation exists at an earlier date, that date.
52