It is an optional process to perform ‘research’ of a trademark based on Registrar’s database. Since registration is based on first to file (in Malaysia) it is advisable to conduct such searches in order to;
- Determine availability of your trademark
- Determine whether there is similar or identical mark filed
- Determine the risk of objection and plan ahead
At some point, conducting a treademark search is crucial because the results reveal quite a number of important points such as the above, possible registration timeline and most importantly, it may reveal Examiner’s trends.
The outcome of your application may affect the progress of your business plan and execution.
Also, if the application is refused registration due to prior registered trademark or failed in defense during opposition from third party – all fees paid are not refundable.
Do note that such research may not be 100% precise, but at least you are prepared for whatever possible negative outcome that may arise during trademark registration process.
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