Trademarks Act 2019 · Updated to 18 Mar 2022 · Part VIII · Effects of Registered Trademarks
48. Rights conferred by registered trademark
Feedback & supportThe registered proprietor of trademark has the exclusive rights—
registered proprietor
“registered proprietor” means the person for the time being entered in the Register as the registered proprietor of the trademarks;
to use the trademark; and
to authorize other persons to use the trademark, in relation to the goods or services for which the trademark is registered.
The registered proprietor has the right to obtain relief for infringement of his trademark.
The acts amounting to infringement of a trademark are set out in section 54 and references to the infringement of a registered trademark shall be construed accordingly.
registered trademark
“registered trademark” has the meaning assigned to it under section 16;
The rights shall accrue to the proprietor as from the date of registration of trademark except that—
no infringement proceedings may be begun before the date on which the trademark is in fact registered; and
no offence under sections 99 to 102 is committed by anything done before the date on which the trademark is in fact registered.
54
If the trademark is registered subject to any disclaimers, conditions, amendments, modifications or limitations, the rights of the proprietor are restricted by the disclaimers, conditions, amendments, modifications or limitations.
limitations
“limitations” means limitations of the right to the exclusive use of a trademark given by the registration of the trademark including limitations of that right as to— (a) mode of use; (b) use within a territorial area within Malaysia; or (c) use in relation to goods to be exported to a market outside Malaysia or use in relation to services to be provided in a place outside Malaysia;