Malaysia High Court Upholds TM Application Despite Service Delay

The Kuala Lumpur High Court has ruled that a minor delay in serving a counterstatement in a trademark opposition proceeding does not automatically result in the loss of intellectual property rights. The decision came in a dispute between Chinese automotive parts manufacturer GSP Automotive Group Wenzhou Co Ltd and Japanese battery maker GS Yuasa Corporation.

Judge ruled that Regulation 24(2) of the Trade Marks Regulations 2019 is directory rather than mandatory. The provision aims to ensure timely notice to the opponent rather than create a technical barrier that could deprive an applicant of valuable trademark rights. The court set aside the Registrar of Trade Marks' decision and reinstated GSP Automotive’s application.

The ruling clarifies procedural requirements in Malaysian trademark opposition cases and emphasizes substance over strict formalities in service timelines. Parties involved had disputed the exact timing of counterstatement service by two days.

Legal observers note the decision aligns with broader principles favoring access to registration processes when no prejudice is shown. The High Court emphasized that the opponent received actual notice, satisfying the underlying purpose of the regulation.

Sources: https://www.freemalaysiatoday.com/category/nation/2026/08/11/2-day-delay-doesn-t-kill-trademark-application-says-high-court https://asiaiplaw.com/sector/trademarks