Trademark / Refusal and appeal
Understand the grounds before deciding what comes next.
Discuss a refusalHave the complete letter, its attachments and your application number ready, and tell us about any reply already sent. We will go through the documents with you before discussing the response and its scope.
A refusal letter from the Trademark Office is usually a provisional refusal. It sets out why your application can’t be accepted yet and gives you a deadline to reply. You can answer with written arguments, amend the application, or send evidence. If you don’t reply in time, the application is treated as withdrawn, so the reply period stated in the letter matters.
It lists the grounds and the period you have to reply.
For a formality refusal, we address filing details, missing documents or fees. For a substantive provisional refusal, we prepare the appropriate legal arguments, evidence or permitted amendments. We read your letter first and explain the response and deadline that apply.
If the formality issues are resolved, examination continues. For a substantive refusal, the Trademark Office considers your response and may accept the application, ask for further changes or maintain the refusal.
A full refusal can be appealed to the High Court.
Based on section 29 of the Trademarks Act 2019.
We read the letter with you and explain each ground the Trademark Office has raised, in plain words. Some grounds are about the trademark itself, for example that it describes the goods. Others are about an earlier trademark that is the same or similar. Knowing which is which shapes the whole response.
We draft a full written response to the Trademark Office, backed by relevant case law and earlier decisions, and answer each ground in turn.
If evidence will help, such as proof of how long and where you have used the brand, we give you a clear checklist of the documents needed and help you put them in order.
Sometimes a small change works better than an argument. We may suggest narrowing your goods or services, or filing a disclaimer, if that is what gets the trademark accepted.
We follow up with the Trademark Office until a final decision is issued, and tell you what each step means as it happens.
The scope and our fee are confirmed in a quotation before you ask us to start.
Each record has its own facts. A previous result is not a promise about another application.
See our successful appealsClass 44 · Aesthetic medicine
Published September 2026
The officer cited an earlier trademark sharing the same two letters, for medical information services.
Cosmetic surgery and medical information are different services, and the trademarks share only two letters. We also filed the clinic's online reviews.
Class 32 · Drinks
The officer said the name is common wording in the drinks trade and describes the product.
The name is an invented word that says nothing about syrups or juices, and its letters are specially drawn. The law bars only trademarks made up entirely of descriptive words.
Published August 2026
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Not necessarily. A refusal letter tells you what the Trademark Office needs corrected or explained before the application can proceed.
The reply depends on the type of refusal:
You usually do not need to give up the brand immediately. Cathca reviews the letter and prepares the right response within the deadline.
The letter explains why. Common reasons include:
Creating the name or logo yourself does not avoid these rules. Cathca reads the complete letter and explains what can be corrected, argued or supported with evidence.
A refusal needs a reply on time, but it does not automatically mean losing everything you have invested in the brand.
Cathca checks the type of refusal and explains what it means for your application before recommending the next step.
Usually two months from the date of the refusal letter. Check the letter for your application’s deadline.
You can ask for extra time before that deadline:
Cathca’s charge for an extension starts from RM500 a month. Approval is not guaranteed, so we aim to reply on time and discuss an extension only if needed.
If you do not reply by the deadline, your application is treated as withdrawn under section 29(6) of the Trademarks Act 2019. It will not continue toward registration.
A missed deadline can be extended only in limited cases, such as an error or events beyond your control. Otherwise, you need a new application with a new filing date.
Send Cathca the letter promptly so we can check the deadline and advise on the reply.
Filing fees are generally not refundable after the Trademark Office has processed the application. A limited exception concerns the Office’s own preliminary search service.
Before you give up the application, Cathca can review the refusal and explain whether a reply is worth pursuing.
Yes. You can answer a refusal within the deadline in the letter. Depending on the reasons, the response may include written arguments, changes to the application or evidence.
Cathca reviews the reasons and prepares the response. If the Trademark Office still refuses the application, you can ask for written grounds and appeal to the High Court.
It depends on the reasons for refusal and how much you have already invested in the brand.
Cathca reads the letter and gives you an honest view of the chances and costs of each option. We explain the choices without pressure to take either route.
You can continue using the brand while the application is pending, but first check any refusal based on someone else’s earlier rights. Continued use could infringe their trademark.
Use ™ while you wait for registration. You cannot use ® or rely on registration rights yet.
Cathca can check the risk while preparing your refusal response.
You can prepare your own reply if you live in Malaysia or mainly run your business here. The reply must meet the legal rules and answer every reason in the refusal letter.
You may need evidence and relevant past decisions. An incomplete reply can lead to a final refusal, leaving a High Court appeal on short deadlines or a new application.
Cathca prepares the reply around the examiner’s concerns and explains which evidence is needed before the deadline.
Send Cathca:
If you do not have everything, send what you have. We explain what the Trademark Office is asking for and what else is needed. The response depends on the reasons in the letter; not every refusal needs an appeal.
Yes. Cathca can help even if another firm filed your application. We first review the refusal letter, application details and earlier replies. This review is free.
We then quote for preparing your appeal reply. Full payment is required before we start that work.
It depends on your package and who filed the application:
Charges for extra time to respond are separate in all cases, including Peace of Mind. Cathca reviews the refusal letter free of charge and quotes before starting the reply.
This conversation is about Refusal & appeal.
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