Free Malaysia Today·3 min read·hard

2-day delay doesn’t kill trademark application, says High Court

V
V Anbalagan
2-day delay doesn’t kill trademark application, says High Court
AI Summary

The Kuala Lumpur High Court ruled that a two-day delay in serving a trademark counterstatement does not invalidate an application. The judge determined that the regulation requiring simultaneous filing and service is directory rather than mandatory.

The Kuala Lumpur High Court ruled that Regulation 24(2) of the Trade Marks Regulations 2019 was to ensure that the opponent received timely notice rather than to create a technical hurdle that could deprive an applicant of valuable trademark rights.

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