Page 207 - مجلة الملكية الفكرية العدد كامل
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المجلس الأعلى للثقافة- لجنة حماية الملكية الفكرية
user sought to cancel the Second, trademark uses
registrant’s wordmark due cost a lot of money. For in-
to the likelihood of confusion stance, squatters may have
with the former’s trademark, to determine whether their
and the cancellation was proposed marks have been
successful. used in the marketplace by
conducting researches or
Trademark squatting may having a professional trade-
not take place in this system mark research firm conduct a
even though the first use thorough search for them30.
of the trademark establish-
es ownership or determines Malaysia:
who initially owns the trade-
mark rights. More impor- The Malaysian High Court31
tantly, using a mark to obtain decided that the first user of
trademark rights is very diffi- a mark in Malaysia would
cult for trademark squatters. prevail over a subsequent
First, squatters may not re- user. In this case, the plain-
ally want to use the marks in tiffs and/or their predeces-
goods or services. They may sors in title were the first
have to provide accurate and in time to use the “TAMIN”
reliable information about trademark in Malaysia. The
themselves to consumers29.
30 Kitsuron Sangsuvan “TRADE-
29 Paul L. Bonewitz, “Note, Beyond
MARK SQUATTING” Wisconsin
Confusion: Reexamining Trademark International Law Journal, Vol. 31,
Law’s Goals in the World of Online No. 2, 2013, P. 262.
Advertising” 81 ST. JOHN’S L. REV.
2007, p. 899. 31 The Malaysian High Court, Syari-
kat Zamani Hj Tamin Sdn Bhd &
Anor v Yong Sze Fun & Anor [2012
1 MLJ 585].
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