Trademarks Act 2019 · Updated to 18 Mar 2022 · Part XII · International Matters
80. Notification under Article 6ter of the Paris Convention
Feedback & supportFor the purposes of section 78, state emblems of a
Convention country, other than the national flag, and official signs or hallmarks, shall be regarded as protected under the Paris
Convention country
“Convention country” means a country which is a party to any multilateral treaty relating to trademarks to which Malaysia is also a party;
Convention or the TRIPS Agreement only if, or to the extent that—
TRIPS Agreement
“TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 which constitutes Annex 1C to the Agreement Establishing the World Trade Organization. Definition of “trademark”
the country in question has notified Malaysia in accordance with Article 6ter(3) of the Paris Convention, or under that Article as applied by the TRIPS
Agreement, that it desires to protect that emblem, sign or hallmark;
the notification remains in force; and
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Malaysia has not objected to it in accordance with
Article 6ter(4) of the Paris Convention or under that
Article as applied by the TRIPS Agreement, or any such objection has been withdrawn.
For the purposes of section 79, the armorial bearing, flag, emblems, abbreviations and names of an international intergovernmental organization shall be regarded as protected under the Paris Convention or under that Article as applied by the
Paris Convention
“Paris Convention” means the Paris Convention for the Protection of Industrial Property of 20 March 1883 as revised from time to time;
TRIPS Agreement only if, or to the extent that—
the organization in question has notified Malaysia in accordance with Article 6ter(3) of the Paris Convention or under that Article as applied by the TRIPS
Agreement, that it desires to protect that armorial bearing, flag, emblem, abbreviation or name;
the notification remains in force; and
Malaysia has not objected to it in accordance with
Article 6ter(4) of the Paris Convention or under that
Article as applied by the TRIPS Agreement, or any such objection has been withdrawn.
Notification under Article 6ter(3) of the Paris Convention or under that Article as applied by the TRIPS Agreement, shall have effect only in relation to applications for registration of trademarks under subsection 17(2) made more than two months after the receipt of the notification.
The Registrar shall keep and make available for public inspection, at all reasonable hours and free of charge, a list of—
Registrar
“Registrar” means a person appointed as a Registrar of Trademarks under subsection 10(1);
the state emblems and official signs or hallmarks; and
the armorial bearing, flag, emblems, abbreviations and names of international intergovernmental organizations, which are for the time being protected under the Paris Convention or under that Article as applied by the TRIPS Agreement by notification made under Article 6ter(3) of the Paris Convention or under that Article as applied by the TRIPS Agreement.
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