12 June, 2019
In the midst of acceding to the Madrid Protocol, Malaysia has introduced the Trade Mark Bill 2019 ("the Bill") which, if passed by Parliament, will replace the Trade Marks Act 1976 ("TMA"). The Bill had its first reading on 9 April 2019 and is expected to be presented for second reading in the next Parliamentary session in July 2019.
The introduction of the Bill seeks to revamp the TMA in its entirety. This long overdue amendment to the trade mark laws will also help Malaysia become an attractive base for trade mark filings.
A brief comparison between some notable amendments that the Bill seeks to introduce and the previous provisions under the TMA are highlighted as follows:
In light of the above-mentioned and with the introduction of the Bill, the Malaysian trade marks landscape will undergo a significant change.
Nevertheless, there is still a long way towards the enforcement of the new trade mark legislation, particularly when the trademark regulations covering all the new procedures and systems as set out in the Bill have yet to be introduced.
We will keep you updated on further developments upon the completion of the said regulations.
For further information, please contact:
Ameet Kaur Purba, Partner, Shearn Delamore & Co
ameet@shearndelamore.com
