Who can oppose?
Section 34 allows opposition in several circumstances. Depending on the ground relied on, a registered proprietor or another person may be entitled to oppose an application.
After Publication · Malaysia Trademark Guidance
Trademark Opposition Malaysia
Trademark opposition is a formal process that can arise after an application has been accepted and published. It is different from an examination objection raised by MyIPO.
Quick Answer
What you should know
Section 34 sets out grounds of opposition, while section 35 governs opposition proceedings. An opposition may rely on grounds under sections 23 or 24, ownership issues, prior use and certain well-known trademark grounds.
What happens after opposition is filed?
Under section 35, a notice of opposition must state the grounds relied on. The applicant must then file the required counterstatement within the prescribed period; failure to do so can result in the application being deemed withdrawn.
Evidence matters
Section 35 also provides for the opponent and applicant to file evidence and exhibits. The Registrar ultimately decides whether to refuse registration, register the mark, or register it subject to appropriate conditions or limitations.
OCTIP Explains
Opposition is a formal contested trademark procedure. Deadlines, stated grounds and evidence should be handled carefully.
Key references: sections 34–35, Trademarks Act 2019.
Frequently Asked Questions
Common questions
Is opposition the same as a MyIPO objection?
No. An examination objection is raised during examination, while opposition is a formal challenge after publication of an accepted application.
Can an application be withdrawn if opposed?
The Act provides circumstances in which an application may be withdrawn; the correct procedural step depends on the stage and facts of the matter.
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Every trademark matter depends on the mark, goods or services, ownership and surrounding facts. Speak to OCTIP for a practical assessment of your situation.
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