Trademark Opposition in Malaysia: A Guide
The trademark registration process in Malaysia typically takes 12-18 months. After an initial examination, approved trademarks are published in an official journal, allowing third parties to challenge (oppose) the registration within two months.
Reasons for Opposition
A third party can oppose a trademark application for several reasons, including:
- They have been using the same or similar trademark before the applicant.
- They own the trademark rights already.
- The applicant’s trademark is too similar to an existing registered trademark.
- The applicant’s trademark falls under general grounds for refusal, such as being descriptive or deceptive.
The Opposition Process
- Opponent’s Notice: If a third party decides to oppose, they must file a “Notice of Opposition” within two months of the trademark’s publication. This notice should clearly outline the grounds for opposition.
- Applicant’s Counterstatement: The applicant has two months to respond to the opponent’s notice with a “Counterstatement” that details their defense.
- Evidence Exchange: Both parties can submit evidence, such as affidavits or documents, to support their claims within set deadlines.
- Written Submissions: Each party presents their arguments in writing to the Registrar of Trademarks.
- Registrar’s Decision: The Registrar reviews all evidence and issues a decision, which could be granting the registration, refusing it, or requiring amendments.
- Appeal: Either party can appeal the Registrar’s decision to the court within one month.
Key Takeaways
- Trademark opposition can significantly delay the registration process.
- Understanding the grounds for opposition and the timelines involved is crucial.
- Consulting with a lawyer is recommended to navigate the complexities of trademark opposition proceedings, as the legal process can involve more intricate steps and deadlines than outlined here.
Disclaimer
This is a simplified overview, and the actual legal process may be more complex.
Contact Us
For further information regarding the opposition process, please contact us at 019-3781629 or email [email protected]
