Section 79
Section 79
A trademark which consists of or contains any armorial bearing, flag, emblem, abbreviation or name of international intergovernmental organizations of which one or more Convention countries are members and which is protected under the Paris
80
Convention or the TRIPS Agreement shall not be registered without the authorization of the international intergovernmental organization concerned, unless it appears to the Registrar that the use of the armorial bearing, flag, emblem, abbreviation or name in the manner proposed—
(a)
would indicate to the public that a connection exists between the organization and the trademark; or
(b)
is not likely to mislead the public as to the existence of a connection between the user and the organization.
(2)
References to armorial bearing, flag, emblems, abbreviation or name of an international intergovernmental organization under this section, apply equally to anything which from a heraldic point of view imitates any such emblem.
(3)
Where under this section, the authorization of an international intergovernmental organization shall or would be required for the registration of trademark, that organization shall be entitled to restrain by injunction any use of the trademark in Malaysia without its authorization.
(4)
Nothing in this section affects the rights of a person whose use in good faith of the trademark in question began before 1 January 1989
(when the relevant provisions of the Paris Convention entered into force in relation to the Malaysia).