TRADEMARK DISCLAIMER
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How enforceable is a composite trademark containing features that have been disclaimed (right to exclusive use) in a trademark infringement proceeding?
The Malaysian Federal Court in a recent Judgement held that composite marks registered with disclaimers shall be taken as a whole, the disclaimed element should not be disregarded when determining the degree of similarity and
the likelihood of confusion and deception of a rival mark.
Case Reference – Ortus Expert White Sdn. Bhd. v Nor Yanni Bt Adom & Anor [2022] 2 MLRA 368
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