Use Of A Mark In Malaysia

Question 3

What constitute use of a mark in Malaysia.

Answer 3

In Malaysia, use includes for e.g. tying a label or ticket on or attaching a label to the outer packaging or casing of the goods. Such use can readily be said to be use of the mark upon or in physical relation to such goods.

Also, use of the mark in relation to advertisements such as billboards, newspaper advertisements etc and use in documents such as brochures, catalogues, business letters and invoices, which refer to the goods, will be “use of the mark in relation to the goods” within the meaning of the law.

A cancellation action is based on the grounds whereby a continuous period of three (3) years has lapsed during which a prior mark, being a registered mark, was not used in goods faith in relation to the goods claimed. In order to avoid cancellation of a trade mark registration based on non-use, out advise to the client is to actively and continuously use the mark in relation to the goods claimed, in Malaysia.

We trust that the above information has been of assistance.