First, let us understand.

Yes. You can oppose the application after it is accepted and published in the Intellectual Property Official Journal, known as the gazette.

You have two months from publication to file a Notice of Opposition. You can ask for up to two more months, but approval is not automatic.

Send Cathca the application details promptly. We check your grounds and the deadline.

Yes, if you have valid legal grounds. Your own trademark does not have to be registered.

• If it is registered, you may rely on your earlier registration and the risk of customers confusing the brands.
• If it is unregistered, earlier use may give you passing-off rights. Those rights can support an opposition under section 24(4) of the Trademarks Act 2019.

Cathca checks the evidence of your rights before preparing the opposition.

You may still be able to challenge the trademark after registration, but it usually takes longer and costs more than opposing during the two-month window.

Your earlier use and passing-off rights may support a High Court application to invalidate the registration under section 47(3)(b) of the Trademarks Act 2019. Malaysia generally favours the first to file, but earlier use still matters.

The grounds become more limited five years after registration. Cathca checks the registration and your earlier evidence before advising on the next step.

The applicant gets a chance to defend the application, followed by evidence and written submissions:

1. You file the Notice of Opposition (TMD1) within two months of gazette publication.
2. The applicant has two months from receiving it to file a Counter-Statement (TMD6). Without it, the application is normally withdrawn for the goods or services opposed, unless the Registrar directs otherwise.
3. You file evidence within two months of receiving the Counter-Statement.
4. The applicant files evidence within two months of receiving your evidence.
5. You may file evidence in reply within two months of receiving theirs.
6. Both sides file written submissions on the Registrar’s timetable. The Registrar then gives a written decision.

Cathca handles the documents and deadlines at each stage.

You need evidence of your earlier rights and why the other application conflicts with them. It is usually filed in a statutory declaration with documents such as:

• Invoices, receipts, advertisements and website records showing use before the other party’s filing date.
• Records of how long you have traded, sales and turnover.
• Evidence that customers know your brand in the local market.
• A comparison of how the trademarks look, sound and what they mean.
• A comparison of the goods or services.
• Evidence that the applicant knew about your brand.

Cathca helps you identify and organise the evidence relevant to your case.

Cathca charges RM4,500 to prepare, file and serve the Notice of Opposition.

If the applicant does not file a Counter-Statement, their application is normally withdrawn for the goods or services opposed, unless the Registrar directs otherwise. You succeed without further cost.

If they defend, we quote for each later stage before starting it.

The Registrar refuses the other party’s application, or limits it so it no longer conflicts with yours.

Your earlier rights remain protected.

The other party’s trademark proceeds to registration unless a High Court appeal succeeds. They then gain the rights that come with registration.

This can cause problems for your business:

• Customers may confuse the brands and blame you for the other party’s poor quality.
• Online platforms may refuse to remove listings backed by a valid registration.
• The new owner may send you a letter demanding that you stop using the brand.
• Uncertainty over the name may put off investors, franchisees and partners.

Removing the registration later needs High Court proceedings and costs more than an opposition. Cathca explains these risks when advising whether to oppose or appeal.

You can represent yourself if you live in Malaysia or mainly run your business here. Otherwise, you must appoint a registered Malaysian trademark agent.

An opposition needs legal grounds, supporting evidence and filings before strict deadlines. Cathca checks your earlier rights, prepares the case and handles the process, including where the applicant has professional representation.

Keep evidence of what you found, then ask Cathca to check your trademark position before you act.

Save screenshots, photographs, links and dates. The next step depends on the situation:

• If you have a registered trademark, a letter asking the other party to stop is usually the first step. Court action may follow if the use continues.
• If their conflicting application is in the gazette, you can file an opposition within two months of publication.

We explain which route fits and what evidence is needed.

Trademark infringement can happen when someone uses your registered trademark in business without permission. Section 54 of the Trademarks Act 2019 covers situations including:

• The same trademark used for the same goods or services.
• The same or a similar trademark used for the same or similar goods or services, where customers are likely to be confused.

The use can appear in advertisements, invoices or offers of services. Cathca can review your registration and the other party’s use, explain the issue in plain language and advise on your options.

A cease and desist letter formally asks someone to stop using a brand that infringes your registered trademark.

It identifies your registration and the use you are challenging. If the use continues, the next steps may include a formal infringement notice and court action.

Cathca can assess your rights and evidence before you decide on the next step.

MyIPO handles trademark registrations. It does not police how brands are used in the marketplace.

• Counterfeit goods or misleading trading practices can be reported to the Ministry of Domestic Trade and Cost of Living (KPDN) under the Trade Descriptions Act 2011.
• If your brand is unregistered, a passing-off claim in court remains the main route.

Cathca can explain which route fits what happened and the rights you hold.

Registered trademarks appear on the Register of Trademarks. Accepted applications appear in the Intellectual Property Official Journal, known as the gazette.

Cathca can search for you and explain the results. Our RM500 Kickstarter package includes written findings and a risk analysis to help you decide whether to proceed.

You may be able to, if you can show that customers in Malaysia know the brand as yours through earlier use. The legal claim is called passing off.

Without registration, section 159 of the Trademarks Act 2019 prevents a trademark infringement claim. Section 159(2) keeps the separate right to sue for passing off.

You must prove your reputation and the harm caused. That can take longer and cost more than enforcing a registered trademark. Cathca reviews your evidence and explains the options.

You need to prove three things:

1. Goodwill: customers in your market know the brand as yours.
2. Misrepresentation: the other party’s use makes people think their goods or services come from you.
3. Damage: you have lost, or are likely to lose, sales or reputation because of it.

Generally, yes. Trademark registration is evidence of ownership and protects the goods or services listed in it across Malaysia.

For passing off, you must prove that customers know your brand, that the other party causes confusion, and that you have suffered or are likely to suffer harm. This usually takes longer and costs more.

Cathca can review the evidence before you decide whether to pursue a claim.

Keep the evidence first. Have your earlier rights checked before approaching the other party.

1. Save screenshots, photographs, listings, dates and locations.
2. Gather proof of your earlier use, such as invoices, business records, advertisements and customer reviews.
3. Have a professional explain your earlier rights in a letter asking the other party to stop.
4. Apply to register your own trademark to strengthen your position.
5. If the copying continues, seek advice on a passing-off claim.

Cathca helps organise the facts and identify the right next step.

You may have a passing-off claim if customers already knew the brand as yours before the other party started using it.

The dates and evidence of that reputation matter. Cathca can review your business records with you. Acting early helps preserve the evidence.

They may have earlier rights even though they never registered the trademark.

We need to check who built a reputation first and where customers know the brand. Cathca can review that history before you approach the other party or file an application.

A court may order the other party to:

• Stop using the brand, through an injunction.
• Pay compensation for your losses.
• Hand over profits made from the misuse.
• Surrender materials bearing the brand.

The order depends on the case and the evidence of your rights and loss.

Registration can strengthen your position, but Cathca should check earlier rights before you file during a dispute.

A registration gives you:

• The right to bring a trademark infringement claim under the Trademarks Act 2019.
• Evidence of ownership, so there is less to prove in court.
• Protection across Malaysia for the goods or services listed.
• Stronger grounds to oppose conflicting applications.

It does not automatically defeat someone who has continuously used the name since before your filing or first use. Cathca checks that history and explains the risk of an opposition from an earlier user.

No. Send Cathca your brand or trademark number and an example of what concerns you.

We explain the process, the information needed and your options before you decide. We can then prepare the required documents and guide you through the appropriate service.