Trademarks Act 2019 · Updated to 18 Mar 2022 · Part XV · Offence
99. Counterfeiting a trademark
Feedback & supportAny person who counterfeits a registered trademark by—
registered trademark
“registered trademark” has the meaning assigned to it under section 16;
making a sign identical with or similar to a registered trademark with the intent to deceive; or
falsifying a genuine registered trademark, whether by alteration, addition, effacement, partial removal or otherwise, without the consent of the registered proprietor of the trademark
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commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both.
In a prosecution under this section, the burden of proving the consent of the registered proprietor of the trademark shall be upon the accused person.
registered proprietor
“registered proprietor” means the person for the time being entered in the Register as the registered proprietor of the trademarks;