HONDA 10 TRADE MARKS ACT 1976 (ACT 175)

SECTION
Section 25 (1)

QUESTIONS
Does Honda make any application to the Registrar (Registrar of Trade Marks) to register the trade mark that he use or proposed to be used?

Section 28 (1)

Does Honda oppose to registration of trade mark?

Section 28 (2)

Does Honda gave notice in writing in the prescribed manner and include a statement of the grounds of opposition?

Section 28 (3)

Does Honda send to the Registrar and the opponent a counterstatement in prescribed manner of the grounds for his application within the prescribed time after the receipt of the notice of opposition?

Section 28 (3A)

Does Honda file evidence and exhibits in the prescribed manner and within the prescribed time in support of the opposition or the counter-statement? Does Honda send to the Registrar the evidence and exhibits in prescribed manner?

Section 28 (3B)

Section 28 (8)

Does Honda withdraw his application without payment of the costs where any further grounds of objection are taken?

Section 44 (1)

Does Honda applied in prescribed manner to the Registrar for leave to add to or alter the trade mark in any manner not

substantially affecting the identity?

Section 47 (1)

Does Honda make application to the Registrar to register his title when he became entitled by assignment or transmission to a registered trade mark?

Section 48 (1)

Does Honda grants a right to any person by lawful contract to use the trade mark for all or any of the goods or services in respect of which the trade mark is registered?

Section 48 (2)

Does Honda submit an application to the Registrar together with the prescribed fee and the following information for the registration of the person whom Honda grants a right to use his trade mark ? 1) The representation of the registered trade mark; 2) The name, address, and addressed for service of the parties; 3) The goods or services in respect of which the registration is proposed; 4) Any conditions or restrictions proposed with respect to the characteristic of the goods or services, to the mode or place of permitted use or to any other matter; and
5) Whether the permitted use is to be for a period or

without limit of period, and if for a period, the duration of that period.

Section 48 (3)

Does Honda furnish the Registrar with such further documents, information or evidence as may be required by the Registrar?

Section 57 (2)

Does Honda apply for the registration in respect of any goods

or services as a defensive trade mark notwithstanding that it is already registered in his name in respect of the goods or services otherwise than as a defensive trade mark?

Does Honda apply for the registration in respect of any goods or services otherwise than as a defensive trade mark notwithstanding that it is already registered in his name in respect of the goods or services as a defensive trade mark?

Section 70 (1)

Does Honda applied for protection of any trade mark in a Convention country or prescribed foreign country?

Does Honda furnish a declaration within the prescribed time indicating the date of the application and the country in which it was made?

Section 70 (1) (a)

Does Honda make the application for registration within 6 months from the date of application for protection in the Convention country or prescribed foreign country?

Section 70 A (3)

Does Hondas goods and services are the subject matters of an exhibition at an official or officially recognized international exhibition in Malaysia or in any Convention country or prescribed foreign country?

Does Honda apply for registration of that mark in Malaysia within 6 months from the date on which the goods or services first became the subject matters of the exhibition?

Section 70 B

Does Honda is a proprietor of a trade mark which is entitled to protection underthe Paris Convention or the TRIPS Agreement

as well known trade mark?

Section 70 D (1)

Does Honda restrict an importation of counterfeit trade mark goods (any goods, including packaging, bearing without authorization a trade mark which is identical with or so nearly resembles the trade mark validity registered in respect of such goods or which cannot be distinguished in its essential aspects from such a trade mark, and which infringes the rights of the proprietor of the trade mark?

Section 70 D (1) (a)

Does Honda submit an application to the Registrar stating that he is the proprietor of a registered trade mark or an agent of the proprietor having the power to submit such application?

Section 70 D (1) (b)

Does Honda submit an application to the Registrar stating that at a time and place specified in the application, goods which in relation to the registered trade mark are counterfeit trade mark goods are expected to be imported for the purpose of trade? Does Honda submit an application to the Registrar stating that he objects to such importation (bring or cause to be brought into Malaysia by whatever means)?

Section 70 D (1) (c)

Section 70 D (2)

Does Honda make the said application with supporting documents and information relating to the goods as to enable them to be identified by the authorized officer and accompanied by such fee as may be prescribed?

Section 79 (1)

Does Honda give to the Registrar an address for service in Malaysia which shall be the address of his agent in the event that Honda is not residing or carry on business in Malaysia?

Section 80(1)

Does Honda appoint an agent to act for him in the event that Honda is not residing or carry on business in Malaysia?

TRADE MARKS REGULATIONS 1997

SECTION
Regulation 7 (1)(d)

QUESTIONS
Does Hondas documents and forms which filed in the Central Trade Marks Office signed by Hondas secretary or by director or by any authorized signatory?

Regulation 8A

Does Honda comply with the terms and conditions as may be specified by the Registrar in the event that Honda intend to use the service for electronic filing of document or thing required or authorized by Central Trade Mark Office?

Regulation 9

Does Honda given address that is as full as possible for the purpose of enabling the place of trade or business of Honda to be found easily in the event that Honda is bound to furnish the Registrar with an address?

Regulation 10 (1)

Does Honda who does not reside or carry on business in Malaysia filed Form TM 1 giving an address for service in Malaysia and such address may be treated as the actual address of the person for all purposes connected with the matter in question?

Regulation 10 (3)

Does Hondas secretary or a director or by any authorized signatory signed Form TM 1?

Regulation 17 (1)

Does Honda applied to the Registrar on Form TM 4 for advice as to whether the mark of which duplicate representations shall accompany the form in the event that Honda propose to apply for the registration of a mark in respect of any goods or services?

Regulation 17 (2)

Does Honda make separate applications in relation to goods or services comprised within different classes in Third Schedule (International Classification of Goods and Services for the Purposes of the Registration of Marks established pursuant to the Nice Agreement of 15th June 1957 including any amendments made to it from time to time or International Classification of the Figurative Elements of Marks established pursuant to the Vienna Agreement of 12th June 1973 including any amendments made to it from time to time) ?

Regulation 17 (3)

Does Honda given notice of withdrawal of the application for Preliminary advice by Registrar in writing within one month from the date of receipt of the notice of the Registrars objection in the event that Honda purpose to obtain repayment of any fee paid on the filing of an application for registration to which the Registrar objects?

Regulation 17A

Does Honda submit the Form with regards to the said duplicate representation in the event that Honda had request for search on Form TM 4A to be made in respect of specified goods or services classified in any one class of the Third Schedule (International Classification of Goods and Services for the Purposes of the Registration of Marks established pursuant to the Nice Agreement of 15th June 1957 including any amendments made to it from time to time or International Classification of the Figurative Elements of Marks established pursuant to the Vienna Agreement of 12th June 1973 including any amendments made to it from time to time) to ascertain

whether any trade mark is on record at the date of the search which resembles a trade mark?

Regulation 18 (1)

Does Honda file Form TM5 accompanied by the prescribed fee and five copies of the application when making the application of a trade mark of certification trade mark or defensive trade mark registration?

Regulation 18A (1)

Does Honda request the Registrar to undertake an expedited examination of the application within 4 months from the date of filing of the application (registration of a trade mark of certification trade mark or defensive trade mark)?

Regulation 18A (2)

Does Honda accompany a statutory declaration stating the reason for requesting the expedited examination and the prescribed fee when filing Form TM 5A?

Regulation 22(a)

Does Honda affix a representation of each mark of the series to the application form in accordance and paid the prescribed fee for the third and subsequent marks if the application contains three trademarks or more make application for registration of a series of trademarks?

Regulation 24

Does Honda make the said application on Form TM26 accompanied by the prescribed fee in the event that Honda request to amend an application for registration?

Regulation 28 (2)

Does Honda respond to the information sent by the Registrar with regards to the conditional acceptance within 2 months of its receipt?

Regulation 28 (3)

Does Honda submit his considered reply in writing within 2 months of its receipt in the event that Honda object to any condition, amendment, modification or limitation contained in the communication sent by the Registrar?

Regulation 32 (1)

Does Honda make application to register the defensive trade mark by accompanied the application together with a statement of case setting out full particulars of the facts on which the applicant relies in support of his application, verified by a statutory declaration made by the Honda for the purpose by the Registrar?

Regulation 32 (2)

Does Honda sent the application to register the defensive trade mark with the statutory declaration or within such time as the Registrar may allow?

Regulation 34

Does Honda file a representation of the mark in a form approved or directed by the Registrar and such a representation shall be of such dimensions as the Registrar may require or permit in the event that Honda apply for advertisement?

Regulation 37

Does Honda give notice in writing to the Registrar on Form TM 7 within 2 months from the date of any advertisement in the Gazette of an application for registration of a trade mark, certification trade mark or defensive trade mark accompanied by the prescribed fee of opposition to the registration?

Regulation 39 (1)

Does Honda filed a counter-statement on Form TM 8 within 2 months of the receipt of a notice of opposition by setting out the grounds on which he relies as supporting his application and the facts if any alleged in the notice of opposition which he admits and at the same time send a copy of the counter-

statement to the opponent?

Regulation 41 (1)

Does Honda file with the Registrar such evidence within 2 months of the receipt of the opponents evidence by way of statutory declaration as he desires to adduce in support of his application and at the same time send a copy of that evidence to the opponent?

Regulation 50 (1)

Does Honda give notice of opposition to the Registrar by filing Form TM 7and accompanied by the prescribed fee within 2 months from the date of any advertisement in the Gazette of an application for the registration of a certification trade mark in the event that Honda oppose to a certification trade mark?

Regulation 51 (1)

Does Honda gave notice to Registrar of opposition to the proposed alteration by filing Form TM 7 accompanied by the prescribed fee within 2 months from the date of any advertisement in the Gazette (the rules deposited in respect of a certification trade mark may, on application of the registered proprietor be altered by the Registrar) in the event that Honda oppose to alternation of rules of a registered certification trade mark?

Regulation 63 (1)

Does Honda make application to register his title by filing Form TM 15 accompanied by the prescribed fee in the event that Honda becomes entitled by assignment or transmission to a registered trade mark?

Regulation 64 (1)

Does Honda provide the full name and trade or business address and also full names of all partners when applying for application for entry of subsequent proprietor?

Regulation 64 (5)

In the event that Honda does not claim under any instrument

which is capable in itself of furnishing documentary proof of his title, does Honda file with the application a statement of case setting forth the full particulars of the facts upon which his claim to be the proprietor of the mark in question is based and showing that it has been assigned or transmitted to him, and if the Registrar so requires the case- does Honda verified by statutory declaration?

Regulation 69 (1)

Does Honda file an application on Form TM 15, a statement of case in duplicate setting out the circumstances and a copy of any instrument or proposed instrument effecting the assignment or transmission in question in the event that Honda wish to obtain the Registrars written approval of a proposed assignment or transmission?

Regulation 70 (1)

Does Honda file Form 16 to TM 1 as appropriate and request the Registrar to make appropriate alteration of the address in the Registrar in the event that Honda is a registered proprietor or registered user of a trade mark whose trade or business address is changed or address for service as entered in the Register is no longer appropriate, whether by reason of discontinuance of the entered address or otherwise?

Regulation 70 (3)

Does Honda make a request for the appropriate alteration of the address to the Registrar on Form TM 16 or TM 1as appropriate and the said request is accompanied by a certified of the alteration given by the said authority in the event that Honda is a registered proprietor or a registered user of a trade mark whose registered business address or address for service is altered by a public authority but the address as altered designates the same premises as before?

Regulation 70 (4)

Does Honda request the Registrar to make the appropriate alteration in the Register in respect of each entry concerned by filing a single Form TM 1 suitable amended in the event

that Honda has the address for service which is more than one registered proprietor or registered user or in respect of more than one registered mark?

Regulation 80 (1)

Does Honda file Form TM 23 accompanied by the prescribed fee to the application for entry of registered user?

Regulation 82 (1)

Does Honda file Form TM 24 when apply for variation or cancellation of the registration of a registered user of the mark?

Regulation 82 (2)

Does Honda accompany the application for variation or cancellation of the registration of a registered user of the mark with a representation?

Regulation 83 A (1)

Does Honda file Form TM 30 and accompanied by the prescribed fee, an affidavit and 5 copies of the application when make an application to the Registrar for restrict importation of counterfeit trade mark goods?

Regulation 83 A (2)

Does Honda make the application to the Registrar for restrict importation of counterfeit trade mark goods in respect of a single trade mark and stated the date, time and place the counterfeit trade mark goods are expected to be imported?

Regulation 83A (3)

Does Honda stated in his affidavit that he is the proprietor of the trade mark or an agent having the power to submit such application, registration number of the said trade mark, the representation of the mark and interest of the application in the mark (if any) when Honda apply to restrict the importation of counterfeit trade mark goods?