Trademarks Act 2019 · Updated to 18 Mar 2022 · Part I · Preliminary
6. Definition of “infringing goods”, “infringing material”, “infringing articles”, “counterfeit goods” and “counterfeit trademarks”
Feedback & supportGoods are “infringing goods”, in relation to a registered trademark, if the goods or their packaging bear a sign identical with or similar to that trademark and—
registered trademark
“registered trademark” has the meaning assigned to it under section 16;
the application of the sign to the goods or their packaging was an infringement of the registered trademark;
the goods are proposed to be imported into Malaysia and the application of the sign in Malaysia to them or their packaging would be an infringement of the registered trademark; or
the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trademark.
Material is “infringing material”, in relation to a registered trademark, if it bears a sign identical with or similar to that trademark and either—
sign
“sign” includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, colour, sound, scent, hologram, positioning, sequence of motion or any combination thereof;
it is used for labelling or packaging goods, as a business paper, or for advertising goods or services, in such a way as to infringe the registered trademark; or
it is intended to be so used and such use would infringe the registered trademark.
“Infringing articles”, in relation to a registered trademark, means articles—
which are specifically designed or adapted for making copies of a sign identical with or similar to that trademark; and
which a person has in his possession, custody or control, knowing or having reason to believe that they have been or are to be used to produce infringing goods or material.
Trademarks 19
Goods are “counterfeit goods”, in relation to a registered trademark, if—
they are infringing goods in relation to that trademark;
and
the sign borne by them or their packaging is a counterfeit trademark.
A sign is a “counterfeit trademark”, in relation to a registered trademark, if the sign—
is identical with the registered trademark as to be calculated to deceive; and
is applied to goods or services—
without the express or implied consent, conditional or otherwise, of the registered proprietor; and
to falsely represent the goods or services to be the genuine goods or actual services of the registered proprietor or a licensee of the registered trademark.