Section 5

a registered trademark or a protected international registration designating Malaysia, the application for registration of which was made earlier than the trademark in question, taking into account the priorities claimed in respect of the trademarks, where appropriate; or

a trademark which, at the date of application for registration of the trademark in question or of the priority claimed in respect of the application, where appropriate, was a well-known trademark, and includes a trademark in respect of which an application for registration has been made and which, if registered, would be an earlier trademark by virtue of paragraph (a) subject to it being so registered.

18

Definition of “infringing goods”, “infringing material”, “infringing articles”, “counterfeit goods” and “counterfeit trademarks”