Section 77
Permitted use of well-known trademarks
(a)
the name of—
78
(i)
the person himself;
(ii)
the person’s place of business;
(iii)
the person’s predecessor in business; or
(iv)
the place of business of the person’s predecessor in business;
(b)
any sign to indicate—
(i)
the kind, quality, quantity, intended purpose, value, geographical origin or other characteristic of goods or services; or
(ii)
the time of production of goods or of the rendering of services; or
(c)
the trademark to indicate the intended purpose of goods which includes accessories or spare parts or services.
(2)
Notwithstanding section 76, the proprietor of a well-known trademark shall not be entitled to restrain by injunction the use in
Malaysia of—
(a)
any registered trademark in relation to goods or services for which the latter is registered; or
(b)
the trademark if such use—
(i)
is for a non-commercial purpose;
(ii)
is for the purpose of news reporting or news commentary; or
(iii)
has at any time expressly or impliedly been consented to by the proprietor of the well-known trademark.