IP Webinar: Understanding Trademark Refusal & Opposition
Yay! You have submitted your trademark registration application and it is now pending approval by the Registrar.
𝗕𝗢𝗢𝗠! The Registrar serves you a Letter of Refusal rejecting your trademark!
𝗕𝗢𝗢𝗠! 𝗕𝗢𝗢𝗠! Someone is opposing your trademark!
What to do next?
Does it mean that the trademark registration application has failed entirely?
Finds out the answers from our IP Webinar replay on “𝐔𝐧𝐝𝐞𝐫𝐬𝐭𝐚𝐧𝐝𝐢𝐧𝐠 𝐓𝐫𝐚𝐝𝐞𝐦𝐚𝐫𝐤 𝐑𝐞𝐟𝐮𝐬𝐚𝐥 & 𝐎𝐩𝐩𝐨𝐬𝐢𝐭𝐢𝐨𝐧”!
We have covered things you need to know to keep your trademark application going! And more importantly, how to improve the chances of success of your trademark application at the first place!
00:44 What is a Trademark Registration
03:42 When do Trademark Refusal come about
04:20 Differences between Formality Validation & Substantive Examination
04:56 Why a Trademark gets refused under Formality Validation
06:20 Why a Trademark gets refused under Substantive Examination
09:16 Case Study: In-N-Out Burgers Inc VS Hashtag Burgers Pte Ltd
11:20 Understanding Trademark Opposition
13:11 When can we oppose a Trademark
13:44 Trademark Opposition grounds under Malaysian Trademarks Act 2019
19:22 The rationale behind Trademark Refusal
20:43 How to avoid Trademark Refusal/ Opposition
23:16 What to prepare if we encounter Trademark Refusal/ Opposition
24:31 Understanding evidence of use
26:54 Consent to co-exist
27:39 Best strategies to register a trademark
28:31 Q&A: How much is the charges to register a trademark
29:16 Q&A: Is trademark country sensitive? If I register a trademark in another country, can that be a persuasive argument?
30:21 Q&A: What happens if the Registrar rejects the trademark registration under Section 10 of the Malaysian Trademarks Act 1976
32:20 Q&A: What can we do while the trademark registration is still under substantive examination
33:00 Q&A: Is trademark class-sensitive? Can similar trademarks existing in different classes?
34:41 Q&A: If a dispute arises between to existing partners who have decided to part ways, and both claiming the trademark, how will the legal system decide who has the right to continue using the registered trademark?
36:28 Q&A: What is the difference between "R" and "TM" on trademark?
37:14 Q&A: What is the validity period for a trademark?
37:34 Q&A: Is the trademark font and color sensitive?
39:01 Q&A: If a minor design change is incorporated to an existing logo (for example a change in colour or font), must a new application be filed or can an amendment be made to the original application?
40:21 Q&A: If there’s an infringement of a foreign trademark, which types of jurisdictions that may apply?
41:53 Q&A: Can I start my business in another country before registering the trademark?
43:26 Q&A: If a Malaysian trademark is copied by someone in another country such as China, what can we do in legal terms?
44:25 Q&A: Can others sue us if they registered earlier? What if they just registered but have not done any business?
Please feel free to let us know if there is any issue that you wish us to cover in our future webinar.
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