Defend Your Brand: Oppose Conflicting Trademarks in Malaysia

Is a new trademark application threatening your brand, or is an existing registration causing issues?
Malaysia's Trademarks Act 2019 offers ways to challenge trademark registrations.

What is Trademark Opposition?

Trademark Opposition is a formal process allowing a third party to challenge a trademark application before it gets registered.
This is your chance to prevent a similar and/or potentially problematic mark which you believe will infringe your existing rights from entering the Register.

Who can apply for Opposition?

Anyone who believes that the published mark:
• Is confusingly similar to their existing trademark
• Is descriptive, generic, or non-distinctive
• Was filed in bad faith
• Conflicts with earlier rights (such as well known marks, copyrights, or unregistered use)

When to Oppose?

Can be filed within 2 months from the date of publication in the Official Journal to file an opposition.

Grounds for Opposition:

• The applied-for trademark is similar or identical to your earlier registered trademark or earlier used trademark.
• The applicant is not the rightful proprietor of the trademark.
• The trademark falls under absolute grounds for refusal (e.g., lacks distinctiveness, is descriptive, generic, deceptive, or contrary to public order/morality).
• The trademark falls under relative grounds for refusal (e.g., likelihood of confusion with an earlier mark, or the mark was applied for in bad faith).

Cost:

The Cost for filing an Opposition is HKD 6,800.