In the exercise of powers conferred by paragraph 162 (2)(f) of the Trademarks Act 2019, the Minister of Domestic Trade and Consumer Affairs has issued the Trademarks (Waiver and Modification of Fee) Regulations 2020 (“the Regulations”) which came into effect on 1 January 2021.

Waiver of fee

Pursuant to the Regulations, the fees in respect of an application for amendment of name and address of applicant or correction of name and address of registered proprietor; request for extension of time (other than for opposition proceedings); and filing of document manually are waived.

Modification of fee

Further, the fees in respect of request for late renewal are reduced from RM1,200 to RM1,000 for each class.

Who are entitled to such waiver/ modification of fee?

The waiver shall apply to any individual, partnership, association, body corporate or institution affected by the control or prevention measures prescribed, made or taken under the Prevention and Control of Infections Disease Act 1988 intended to control or prevent the spread of the Coronavirus Diseases 2019.

How to make the application?

An application for waiver or modification of fees shall be made in the form as determined by the Registrar; made within the period of 1 January 2021 until 30 June 2021; and accompanied by supporting document to prove that the individual is from the B40 group who is entitled for the Housing Living Aid or Prihatin National Aid; or his income is affected with the control or prevention measures; or that the partnership, association body corporate or institution has obtained approval for the extension for moratorium or any repayment flexibility from any financial institution; has cash flow problem affected with the control or prevention measures; or has pecuniary indebtedness and problem on repayment of debts affected with the control or prevention measures.

Where the trademark application or registration is owned by more than one proprietor, the waiver or fee reduction under the Regulations will apply so long as any of the co-proprietors satisfy the applicable financial criteria.

Comments

Although the relief available under the Regulations is limited only to a few types of applications, they are still to be welcomed in these times when many business owners are facing financial difficulties due to the economic downturn caused by the outbreak of the Covid-19 pandemic.