29 Nov 2024
GUAN SENG MARKETING SDN. BHD. KONG CHEE WAI
- Citation
- WA-24IP-16-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24IP-16-06/2024 (Mahkamah Tinggi)
On the balance of probabilities the plaintiff proved use of the Plaintiff's Mark since 2009, the defendant failed to prove earlier use of the Defendant's Mark, the marks compared as a whole are not confusingly similar and the Plaintiff's Mark is distinctive; therefore the Registrar erred in allowing the Defendant's Opposition and the Registrar's decision must be set aside.