Trade Marks
3 cases · October 2017 to May 2018
Case Volume by Year
2 17
1 18
2017–2018
Key Issues & Sub-Topics
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 1 Trade description — Trade description order (TDO) — Appeal — Appellants applied to set aside TDO — Whether permissible to apply on ex parte basis — Whether High Court is empowered to declare goods as imitation goods on ex parte basis — Whether TDOs obtained pursuant to s 9 of Act 730 applies to enforce a registered trade mark that is not in use for a long period or abandon in its use — Whether s 9 would be invoked when unregistered mark are commonly in use and subject to concurrent use by both parties — Trade Description Act 2011 [Act 730], s 9 — Trade Mark Act 1972 [Act 87], s 23(1) 1 Appeal — Trademark and passing off — Infringement of — Trademark used in partnership with consent and approval — Dispute between parties — Notice sent to refrain from using trademark — Whether by conduct of respondent and facts of case, there was infringement — Whether protection afforded by Act 175 could not be sustained — Whether the appellant assign the trade mark to the respondents — Trade Marks Act 1976 [Act 175] sections 35, 40, 41, 47, 55 1
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 1 case
Trade description — Trade description order (TDO) — Appeal — Appellants applied to set aside TDO — Whether permissible to apply on ex parte basis — Whether High Court is empowered to declare goods as imitation goods on ex parte basis — Whether TDOs obtained pursuant to s 9 of Act 730 applies to enforce a registered trade mark that is not in use for a long period or abandon in its use — Whether s 9 would be invoked when unregistered mark are commonly in use and subject to concurrent use by both parties — Trade Description Act 2011 [Act 730], s 9 — Trade Mark Act 1972 [Act 87], s 23(1) 1 case
Appeal — Trademark and passing off — Infringement of — Trademark used in partnership with consent and approval — Dispute between parties — Notice sent to refrain from using trademark — Whether by conduct of respondent and facts of case, there was infringement — Whether protection afforded by Act 175 could not be sustained — Whether the appellant assign the trade mark to the respondents — Trade Marks Act 1976 [Act 175] sections 35, 40, 41, 47, 55 1 case
Court Distribution
Key People & Firms
Cases
01f-9-04-2017w
MERCK KGaA v LENO MARKETING (M) SDN BHD PIHAK KETIGA REGISTRAR OF TRADE MARKS
6 May 2018
MYFC
02-6-02-2016w
1. Tan Kim Hock Product Centre Sdn Bhd 2. Siah Siu Eng v Tan Kim Hock Tong Seng Food Industry Sdn Bhd
27 December 2017
MYFC
02f-16-03-2017-k
LOW CHI YONG (Berniaga sebagai Reynox Fertichem Industries) …APPELLANT v 1. LOW CHI HONG 2. REYNOX SDN BHD (No. Syarikat: 796218-T) …RESPONDENTS
5 October 2017
MYFC