TRADEMARK OPPOSITION

Trademark Opposition in Malaysia: A Guide

The trademark registration process in Malaysia can take 12-18 months. After initial examination, approved trademarks are published in the official journal, allowing third parties to oppose within two months.

Grounds for Opposition:

  • Prior use of the mark by the opponent.
  • Ownership of the mark by the opponent.
  • Similarity to another registered trademark.
  • Absolute or relative grounds for refusal (e.g., deceptive, generic).

The Opposition Process:

  1. Opponent’s Notice: The opponent files a “Notice of Opposition” within two months of publication, including grounds for opposition.
  2. Applicant’s Counterstatement: The applicant files a “Counterstatement” within two months of receiving the opponent’s notice, outlining their defense.
  3. Evidence Exchange: Both parties submit evidence (e.g., affidavits, documents) to support their claims within specific deadlines.
  4. Written Submissions: Both parties present their arguments in writing to the Registrar.
  5. Registrar’s Decision: The Registrar reviews all evidence and issues a decision (e.g., registration, refusal, amendment).
  6. Appeal: Either party can appeal the Registrar’s decision to the court within one month.

Key Takeaways:

  • Trademark oppositions can significantly delay the registration process.
  • Understanding the grounds for opposition and the procedural timelines is crucial.
  • Seeking legal counsel is advisable to navigate the complexities of trademark opposition proceedings.

Disclaimer: This is a simplified overview. The actual legal process may involve more intricate procedures and deadlines.

For futher information regarding opposition process, please contact us at [email protected].