(1) A mark or part of a mark shall not be registered as a trade mark -
(a) if the use of which is likely to deceive or cause confusion to the public or would be contrary to law;
(b) if it contains or comprises any scandalous or offensive matter or would otherwise not be entitled to protection by any court of law;
[Am Act A1078:s.7]
(c) if it contains a matter which in the opinion of the Registrar is or might be prejudicial to the interest or security of the nation;
[Ins. Act A881:s.11; Am. Act A1078:s.7]
(d) if it is identical with or so nearly resembles a mark which is well-known in Malaysia for the same goods or services of another proprietor;
(e) if it is well-known and registered in Malaysia for goods or services not the same as to those in respect of which registration is applied for:
Provided that the use of the mark in relation to those goods or services would indicate a connection between those goods or services and the proprietor of the well-known mark, and the interests of the proprietor of the well-known mark are likely to be damaged by such use;
(f) if it contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the mark for such goods in Malaysia is of such a nature as to mislead the public as to the true place of origin of the goods; or
(g) if it is a mark for wines which contains or consists of a geographical indication identifying wines, or is a mark for spirits which contains or consists of a geographical indication identifying spirits, not originating in the place indicated by the geographical indication in question.
[Ins. Act A1078:s.7]
(2) Article 6bis of the Paris Convention and Article 16 of the TRIPS Agreement shall apply for the purpose of determining whether a trade mark is a well-known trade mark.