Page 208 - مجلة الملكية الفكرية العدد كامل
P. 208
العدد الثالث- مجلة ثقافة الملكية الفكرية
use of “TAMIN” by the plain- same, the true proprietor i.e.
tiffs and/or the predecessors the first user (especially for
in title commenced in 1951 small and medium enter-
whereas the defendants prises) may be put in a di-
commenced use of the lemma to decide whether to
“TAMIN” trademark at the pay a ‘ransom’ in order to
very earliest in the 1990s. acquire its own mark or fight
This use is well after the it out in court which in either
introduction of the “TAMIN” case, will incur a substan-
trademark by the plaintiffs. tial cost. To provide some
The High Court’s decision check and balance against
was upheld on appeal. the above scenario happen-
ing, the Malaysian Registry
Pursuant to Section 25 of has a practice that requires
the Trade Marks Act 1976, all trademark applicants to
any person claiming to be submit a Statutory Decla-
the proprietor of a trademark ration to affirm that they are
may make an application to the bona fide proprietor of
the Registrar for the regis- the trademark to be regis-
tration of that mark. tered before a Commissioner
for Oaths. Any person giving
In theory, it allows any false declaration is punish-
person to file an applica- able under the Penal Code
tion to register a trademark. (criminal offense) pursuant
In the event, it is a scenario to Section 3 of the Statutory
of a trademark squatter that
succeeds in registering the
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