As early as 1924, the courts were beginning to realise the commercial value of a trademark beyond its nominal function as a source indicator. Over time, the authorities too began acknowledging the evolution of trademarks into guarantees of quality and as advertising tools for trademark owners prompting the need to preserve the changing functions of trademarks in today's competitive arena. Malaysia has not been exempted from this evolutionary process. Notwithstanding this, our laws have not progressed in step with international trends to enhance protection for trademarks exemplifying the evolved characteristics.
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