POO TRADING IMPORT & EXPORT SDN BHD B.P. YEW HENG FRUITS SDN BHD PENCELAH 1. ) FRUITGLO SDN. BHD. 2. ) TAM CHEE MING

POO TRADING IMPORT & EXPORT SDN BHD B.P. YEW HENG FRUITS SDN BHD PENCELAH 1. ) FRUITGLO SDN. BHD. 2. ) TAM CHEE MING

On the balance of probabilities Applicant proved continuous prior use of the Tangor Panda Mark in Malaysia since circa 2009/2010 and established goodwill; Respondent failed to prove earlier use predating Applicant and relied on uncorroborated third‑party origin claims; registration by Respondent constituted...

Source-derived case information.

Citation
WA-24IP-33-08/2024 (Mahkamah Tinggi)
Parties
Applicant / Plaintiff / 1st Defendant in Counterclaim: Poo Trading Import & Export Sdn Bhd; Respondent / Defendant / Plaintiff in Counterclaim: B.P. Yew Heng Fruits Sdn Bhd; 2nd Defendant in Counterclaim: Fruitglo Sdn Bhd; 3rd Defendant in Counterclaim: Tam Chee Ming
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 November 2025
Case Number
WA-24IP-33-08/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Seeking Invalidation of Registered Trademark (class 31) / Judgment (grounds of Judgment)
Outcome
Applicant's originating summons allowed; Respondent's registered trademark TM2021036177 invalidated and removed; Respondent's counterclaim dismissed; costs awarded to Applicant and to 2nd and 3rd Defendants.
Legal Topics
Invalidation of Registered Trademark, Trademark Infringement, Passing Off, Fraud/misrepresentation in Trademark Registration, Prior Use / Common Law Proprietorship, Defences to Infringement (prior Use, S55)
Intellectual Property Trademark Law Commercial Litigation Invalidation of Registered Trademark Trademark Infringement Passing Off Fraud/misrepresentation in Trademark Registration Prior Use / Common Law Proprietorship +1 more

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Parties

Poo Trading Import & Export Sdn Bhd

Applicant / Plaintiff / 1st Defendant in Counterclaim

B.P. Yew Heng Fruits Sdn Bhd

Respondent / Defendant / Plaintiff in Counterclaim

Fruitglo Sdn Bhd

2nd Defendant in Counterclaim

Tam Chee Ming

3rd Defendant in Counterclaim

Procedural Posture

Originating Summons Seeking Invalidation of Registered Trademark (class 31) / Judgment (grounds of Judgment)

Legal Issues

  1. 1 Whether Applicant is an "aggrieved person" under s47 TMA 2019
  2. 2 Whether Applicant is first user and common law proprietor of the Tangor Panda Mark
  3. 3 Whether Respondent proved earlier use of its panda device mark (including alleged Her Zhong Trading use)

Ratio Decidendi

On the balance of probabilities Applicant proved continuous prior use of the Tangor Panda Mark in Malaysia since circa 2009/2010 and established goodwill; Respondent failed to prove earlier use predating Applicant and relied on uncorroborated third‑party origin claims; registration by Respondent constituted misrepresentation to the Registrar and was obtained in circumstances permitting inference of knowledge; consequently Respondent's Trademark No. TM2021036177 is invalid under s47(3)(b) and s47(6) of the Trademarks Act 2019, Applicant's passing off right is protected and the Respondent's counterclaim for infringement fails, with statutory defence under s55(2) applying as alternative ground.

Court Disposition

Applicant's originating summons allowed; Respondent's registered trademark TM2021036177 invalidated and removed; Respondent's counterclaim dismissed; costs awarded to Applicant and to 2nd and 3rd Defendants.

Orders

  • Applicant declared legal and common law owner of the Tangor Panda Mark for fresh produce in Class 31
  • Respondent's Trademark Registration No. TM2021036177 in Class 31 declared invalid under s47(3)(b) and s47(6) Trademarks Act 2019 and cancelled and removed from the Register