Important Information About Trademark Applications in Malaysia
While filing a trademark application with MyIPO (Intellectual Property Corporation of Malaysia) increases your chances of securing trademark protection, approval is not guaranteed. There are two main reasons why your application might be rejected:
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Does not meet registration criteria: This includes using generic terms that describe the product or service, lacking distinctiveness, or closely resembling existing trademarks.
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Similarities with existing trademarks: If your trademark is too similar to one already registered or pending approval, you might receive a rejection.
What to Do If Your Application Gets Rejected
If MyIPO rejects your application, you will receive a letter called “NOTIS PENOLAKAN SEMENTARA” (Notice of Provisional Refusal). This letter outlines the reason for rejection and provides you with two months to file an appeal.
Filing an Appeal
To appeal the rejection, you will need to submit a written response with strong arguments. Here’s how you can strengthen your appeal:
- Legal backing: Support your arguments with relevant legal cases.
- Evidence of use: Demonstrate that you’ve been using the trademark in your business activities.
You can file your appeal in writing or attend a hearing session with a MyIPO officer to present your case.
How We Can Help
If you need assistance with filing an appeal, either through written submission or by attending a hearing, we are here to help. You can contact us by:
- Emailing a copy of the rejection letter to [email protected]
- Sending a WhatsApp message to 0193781629
