The trademark registration system in Malaysia is governed by the Trademarks Act 1976 and the Trademarks Regulations 1997. Rights in unregistered marks are protected under Section 82(2) of the Trademarks Act, which allows actions in respect of passing off. The nature ofthe right protected or sought to be protected by a passing-off action is the goodwill generated by the use of a mark, name or get-up or other indicia in the course of business of a trader.


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