Every trademark application made to the Intellectual Property Corporation of Malaysia is not guaranteed to be approved. It is subject to whether the trademark meets the registration criteria set by the Trade Marks Act 2019 and does not have any similarities with trademarks that have already been applied for or registered.
If an application does not meet the registration criteria or has similarities with existing trademark applications, the registrar will issue a letter known as NOTIS PENOLAKAN SEMENTARA or NOTICE OF PROVISIONAL REFUSAL. This letter must be responded to by submitting an appeal within 2 months from the date the letter is issued.
Among the reasons for refusals being issued are:
- Using words that refer to the nature or character of the product or service offered.
- The trademark is not unique and uses common words.
- It has similarities with existing trademarks. Appeals must be made by submitting written arguments. These arguments must be supported by legal cases and evidence of trademark use in business activities.
The appeal can be made by filing a written submisison of attending a hearing session with MyIPO’s officer.
If you need my services to appeal either objection appeals or appeals by attending a hearing session, you can email the objection letter received or WhatsApp at 0193781629. Our email is [email protected]
Trademark Registration Malaysia is managed by BLUE RICH CONSULTANCY, a business registered in Malaysia with registration no. 002919131-K.