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In forceUpdated to 18 Mar 2022Read it in Bahasa Malaysia

Part IX · Trademarks as Object of Property

65. Registration of transaction affecting registered trademark

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(1)

The particulars of a registrable transaction as determined by the Registrar shall be entered in the Register upon the approval by the Registrar on application being made in the form as

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determined by the Registrar together with the payment of the prescribed fee by—

(a)

a person claiming to be entitled to an interest in or under a registered trademark by virtue of the registrable transaction; or

(b)

any other person claiming to be affected by such a transaction.

(2)

Until an application has been made under subsection (1) and approved by the Registrar, the transaction shall be ineffective against a person acquiring a conflicting interest in or under the registered trademark in ignorance of the transaction.

(3)

A person who becomes a registered proprietor by virtue of any registrable transaction shall not be entitled to damages or an account of profits in respect of any infringement of the registered trademark occurring after the date of the transaction and before the date of the application for the registration made under subsection (1).

(4)

Subsections (2) and (3) shall not apply to any registrable transaction relating to a licence under a registered trademark or any right in or under the licence.

(5)

The Registrar may amend or remove any particulars relating to a security interest on the application of the registered proprietor and with the consent of the person entitled to the benefit of that interest in the form as determined by the Registrar together with the payment of the prescribed fee.

Report

Part X

Licensing

Part XI

Collective Marks and Certification Marks

Part XII

International Matters

Part XIII

Border Measures

Part XIV

Trademark Agents

Part XV

Offence

Part XVI

Investigation and Enforcement

Part XVII

Legal Proceedings in Court, Cost and Evidence

Part XVIII

Miscellaneous and General

Part XIX

Repeal, Savings and Transitional Provisions

Schedules