Trademarks Act 2019 · Updated to 18 Mar 2022 · Part XIII · Border Measures
93. Ex-officio action
Feedback & supportBased on prima facie evidence, any authorized officer may detain or suspend the release of goods bearing, without authorization, a trademark which is identical with the registered trademark and the goods are identical with the goods of a registered trademark, which are to be imported or destined for export.
registered trademark
“registered trademark” has the meaning assigned to it under section 16;
Where such goods have been detained, the authorized officer—
shall inform the Registrar, the importer and the registered proprietor; and
may at any time seek from the registered proprietor any information that may assist him to exercise his powers.
Subject to section 88, an importer may lodge an appeal to the
Director General under the Customs Act 1967 against the detention of goods or suspension of the release of goods under subsection (1).
The authorized officer shall only be exempted from liability if his actions under subsection (1) are done in good faith.
Destined for export referred to in subsection (1) means goods which are to be exported from Malaysia to another country through any mode of transportation.