Section 3, Trade Mark Act 1976
Chin-Huat Wong
PART I
PRELIMINARY
3. Interpretation.
(1) In this Act, unless the context otherwise requires -
"appointed date" has the same meaning as is assigned to that expression in the Intellectual Property Corporation of Malaysia Act 2002 [Act 617];
[Ins. Act A 1138]
"assignment" means assignment by act of the parties concerned;
"Assistant Registrar" means the person appointed or deemed to have been appointed to be an Assistant Registrar under subsection (2) or (3)of section 4;
[Ins. Act A 1138]
"component regions of Malaysia" means the regions of West Malaysia, Sabah and Sarawak;
"Convention country" means a country which is a party to any multilateral treaty relating to trade marks to which Malaysia is also a party;
[Ins. Act A881]
"Corporation" means the Intellectual Property Corporation of Malaysia established under the Intellectual Property Corporation of Malaysia Act 2002 [Act 617];
[Ins. Act A 1138]
"Court" means the High Court;
"Deputy Registrar" means the person appointed or deemed to have been appointed to be a Deputy Registrar under subsection (2) or (3) of section 4;
[Ins. Act A 1138]
"geographical indication" means an indication which identifies any goods as originating in a country or territory or a region or locality in that country or territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin;
[Ins. Act A1078]
"in the course of trade" , in relation to the provision of services, means in the course of business;
[Ins. Act A881]
"limitations" means limitations of the right to the exclusive use of a trade mark given by the registration of the trade mark including limitations of that right as to -
(a) mode of use;
(b) use within a territorial area within Malaysia; or
(c) use in relation to goods to be exported to a market outside Malaysia or use in relation to services to be provided in a place outside Malaysia;
[Am. Act A881]
"mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof;
"Minister" means the Minister for the time being charged with the responsibility for intellectual property;
[Ins. Act A 1138]
"Paris Convention" means the Paris Convention for the Protection of Industrial Property of 20 March, 1883 as revised at Stockholm on 14 July 1967;
[Ins. Act A1078]
"permitted use" in relation to a registered trade mark means the use of the trade mark by a registered user thereof in relation to goods or services with which he is connected in the course of trade and in respect of which the trade mark remains registered and he is registered as a registered user, being use which complies with any conditions or restrictions to which his registration is subject;
[Am. Act A881]
"prescribed" means, in relation to proceedings before the Court or preliminary thereto or connected therewith, prescribed by rules of court made by the Rules Committee constituted under the Courts of Judicature Act 1964 [ Act 91], and in other cases, prescribed by this Act or any regulations made thereunder;
"prescribed foreign country" means a country declared by the Minister, by order published in the Gazette, as having made arrangements with Malaysia for the reciprocal protection of trade marks;
[Ins. Act A881]
"previous registers" means the registers of trade marks kept under the repealed Ordinances;
"Register" means the Register of Trade Marks kept under this Act;
"registered proprietor" in relation to a trade mark means the person for the time being entered in the Register as proprietor of the trade marks;
"registered trade mark" means a trade mark which is actually upon the Register;
"registered user" means a person who is registered as such under Part IX;
"registrable trade mark" means a trade mark which is capable of registration under the provisions of this Act;
"Registrar" means the Registrar of Trade Marks designated in subsection (1) of section 4;
[Subs. Act A 1138]
"repealed Ordinances" means the Trade Marks Ordinance 1950 [Ord. 26 of 1950 ], the Trade Marks Ordinance of Sabah [Cap. 142] and the Trade Marks Ordinance of Sarawak [Cap. 62];
"specification" means the designation of goods or services in respect of which a trade mark or a registered user of a trade mark is registered or proposed to be registered; and
[Ins. Act A881]
"trade mark" means, except in relation to Part XI, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and a person having the right either as proprietor or as registered user to use the mark whether with or without an indication of the identity of that person, and means, in relation to Part XI, a mark registrable or registered under the said Part XI;
[Am. Act A881]
"transmission" means transmission by operation of law, devolution on the personal representatives of a deceased person and any other mode of transfer not being assignment;
"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;
[Ins. Act A1078]
"word" includes an abbreviation of a word.
(2) In this Act -
(a) references to the use of a mark shall be construed as references to the use of a printed or other visual representation of the mark;
[Am. Act A881]
(b) references to the use of a mark in relation to goods shall be construed as references to the use thereof upon, or in physical or other relation to, goods; and
[Am. Act A881]
(c) references to the use of a mark in relation to services shall be construed as references to the use thereof as a statement or as part of a statement about the availability or performance of services.
[Ins. Act A881]