Wednesday

Clerance Opinion

Question 1
What is a clearance opinion for a Trade Mark to be registered in Malaysia?

Answer 1
Legal opinion given to prospective or trademark owners to identify the legal risks associated with using a particular trademark.
Risks - Possibilities of infringing an existing mark and hence being sued, and likelihood that an application for trademark registration being rejected.
Legal opinion - Immediate advice on risks in adopting a given mark.
Written legal opinion - maybe used to deter companies from suing for infringement by showing that at least one attorney has already decided that the marks are not confusingly similar.

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