Section 74
Section 74
(1)
The Registrar may publish or cause to be published a journal to be called the Trade Marks Journal in which there may be published such documents and information relating to a registered trade mark or an application for registration as the Registrar thinks fit.
(2)
For the avoidance of doubt, the Journal shall be the official journal of record.
(3)
A publication specified under the Journal need not be in a documentary form.
Trade mark agents
Recognition of agents 75.
(1)
Except as otherwise provided by rules but subject to rules to be made under section 76, any act required or authorised by this Act to be done
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by or to a person in connection with the registration of a trade mark, or any procedure relating to a registered trade mark, may be done by or to an agent authorised by that person in writing.
(2)
Section 80 applies to an agent authorised under subsection (1).
Register of trade mark agents 76.
The Attorney General may, with the approval of His Majesty the
Sultan and Yang Di-Pertuan, make rules requiring the keeping by the
Registrar of a register of persons who act as agents for others for the purpose of applying for or obtaining the registration of trade marks, and without prejudice to the generality of this power such rules may contain provisions regulating the registration of such persons, and may —
(a)
require the payment of such fees as may be prescribed; and
(b)
authorise in prescribed cases the erasure from the register of the name of any person registered in it, or the suspension of a person’s registration:
Provided that this section does not affect any person who, on the commencement of this section, had the special leave of the Registrar under section 71 of the repealed Act in any particular case, until revoked by the
Registrar under this Act or until other provision has been made under this
Act.
Unregistered persons not to be described as registered trade mark agents 77.
(1)
An individual who is not a registered trade mark agent shall not —
(a)
carry on a business (otherwise than in partnership) under any name or other description which contains the words “registered trade mark agent”; or
(b)
in the course of a business, otherwise describe or hold himself out, or permit himself to be described or held out, as a registered trade mark agent.
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(2)
A partnership shall not —
(a)
carry on a business under any name or other description which contains the words “registered trade mark agent”; or
(b)
in the course of a business, otherwise describe or hold itself out, or permit itself to be described or held out, as a firm of registered trade mark agents, unless all the partners are registered trade mark agents or the partnership satisfies such conditions as may be prescribed for the purposes of this section.
(3)
A body corporate shall not —
(a)
carry on a business (otherwise than in partnership) under any name or other description which contains the words “registered trade mark agent”; or
(b)
in the course of a business, otherwise describe or hold itself out, or permit itself to be described or held out, as a registered trade mark agent, unless all the directors of the body corporate are registered trade mark agents or the body satisfies such conditions as may be prescribed for the purposes of this section.
(4)
Any person who contravenes this section is guilty of an offence and liable on conviction to a fine not exceeding $15,000.
Power to prescribe conditions etc. for mixed partnerships and bodies corporate 78.
(1)
The Attorney General may, with the approval of His Majesty the
Sultan and Yang Di-Pertuan, make rules prescribing the conditions to be satisfied for the purposes of section 77 —
(a)
in relation to a partnership where not all the partners are qualified persons; or
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(b)
in relation to a body corporate where not all the directors are qualified persons, and imposing requirements to be complied with by such partnerships or bodies corporate.
(2)
The rules may include —
(a)
the prescription of conditions as to the number or proportion of partners or directors who must be qualified persons;
(b)
the imposition of requirements as to —
(i)
the identification of qualified and unqualified persons in professional advertisements, circulars or letters issued by or with the consent of the partnership or body corporate and which relate to its business; and
(ii)
the manner in which a partnership or body corporate is to organise its affairs so as to secure that qualified persons exercise a sufficient degree of control over the activities of unqualified persons.
(3)
Any person who contravenes any requirement imposed by such rules is guilty of an offence and liable on conviction to a fine not exceeding $15,000.
(4)
In this section, “qualified person” means a registered trade mark agent.
Use of term “trade mark attorney”