Chapter 4 The Protection of Trade Mark Infringement in Cyberspace under Trademarks Act 1976 Salmah Roslim Law Department Universiti Teknologi MARA Kedah, Malaysia Rohayati Hussin Law Department Universiti Teknologi MARA Kedah, Malaysia Nurul Mazrah Manshor Law Department Universiti Teknologi MARA Kedah, Malaysia Introduction Trade mark is a distinctive sign that identifies certain goods or services as those are produced or provided by an individual or an enterprise, distinguishing them from similar goods or services produced by others. Consumers may identify and purchase goods or services bearing a particular trade mark indicating that the goods or services will be of a certain standard or quality. Under Malaysian Law, trade mark is defined as a mark used or purposed to be used in relation to goods and services for the purpose of indicating or so as to indicate a connection in the course of trade between goods or services. It is also related to a person who has the right either as proprietor or as registered user to use the mark whether with or without an indication of the identity of that person. It also can be defined as a mark registrable or registered under Part XI of the Trade Mark Act 1976. A registered trade mark will be infringed even without the oǁŶeƌ’s authoƌizatioŶ, aŶd aŶ ideŶtiĐal oƌ siŵilaƌ ŵaƌk is used iŶ the Đouƌse of tƌadiŶg iŶ relation to the goods or services of the same description if there is a likelihood of confusion. In this new millennium, the use of cyberspace 44 | SYNERGY 2 as a medium to advertise products are commonly used by the individual or enterprise through websites, by putting their trade mark as the domain name. It is very common that an internet user may be misled to the website maintained by a third party of the domain name which incorporated well-known trade mark. Under the current law, the protection for registered trade mark is under section 70B of Trade Marks Act 1976 and for unregistered trade mark, it is under section 82 (2) of the same Act. Nevertheless, the Act is silent on the protection for trade marks infringement in cyberspace. Trade Mark Registration in Malaysia