MERCK KGaA v LENO MARKETING (M) SDN BHD PIHAK KETIGA REGISTRAR OF TRADE MARKS

01f-9-04-2017w Federal Court (Mahkamah Persekutuan) 6 May 2018 • 01(f)-9-04/2017(W)

Catchwords

Trade Marks - Registration - Opposition to registration - Dismissal of opposition by Registrar of Trade Marks ('Registrar') - Appeal to High Court and further appeal to Court of Appeal - Whether High Court exercising its original or appellate jurisdiction - Whether matter ought to end at Court of Appeal - Whether aggrieved party has right to appeal to Federal Court - Whether appeal lay outside scope of section 96 of Courts of Judicature Act 1964 - Trade Marks Act 1976, sections 28, 67, 69 Civil Procedure - Appeal - Appeal to Federal Court - Right to appeal - Whether judgment or order of Court of Appeal appealable to Federal Court - Matter originated from Registrar of Trade Marks ('Registrar') - Whether appeal to High Court a rehearing of original cause before Registrar - Whether High Court exercising its original or appellate jurisdiction in appeal from Registrar - Whether nature of High Court's role under section 28 of Trade Marks Act 1976 had characteristics of original jurisdiction - Whether matter ought to end at Court of Appeal - Whether aggrieved party has right to appeal to Federal Court - Whether appeal came within ambit of section 96(a) of Courts of Judicature Act 1964 - Trade Marks Act 1976, sections 67 & 69 Words and Phrases - 'appeal' - Trade Marks Act 1976, section 28 - Hearing before High Court arising from decision of Registrar of Trade Marks - Whether consistent with substantive nature of appellate jurisdiction exercised by High Court

Practice Areas

Intellectual Property Statutory Interpretation

Judges (5)

Balia Yusof bin Haji Wahi Coram Md. Raus bin Sharif Coram Ramly bin Haji Ali Coram Seri Zulkefli bin Ahmad Makinudin Delivered Zaharah binti Ibrahim Coram

Parties (3)

LENO MARKETING Sdn Bhd Respondent Merck Kgaa Appellant Registrar Of Trade Marks Third Party

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (01f-9-04-2017w)