Malaysia Case Law: Decisions & Judgments

Zydus Wellness Limited Pendaftar Cap Dagangan, Malaysia

Citation

WA-24IP-29-07/2024 (Mahkamah Tinggi)

Court

High Court

Case number

WA-24IP-29-07/2024 (Mahkamah Tinggi)

The words 'SUGAR FREE' are ordinary English words, not invented; they directly and obviously describe the character/quality of the goods (i.e. without sugar); the mark is not inherently distinctive and the appellant failed to prove factual distinctiveness or secondary meaning in Malaysia; accordingly the Registrar's refusal under section 10 of the Trade Marks Act 1976 was legally correct and the originating summonses are dismissed.

4 Nov 2020

1. MASITU MARKETING (M) SDN BHD (Syarikat No: 576865-M) 2. MASITU SDN BHD (Syarikat No. 266743-V) 3. MASITU MOULDING SDN BHD (Syarikat No. 563953-P) 1. MASFOAM ENGINEERING SDN BHD (Syarikat No. 1014502-U) 2. WONG NYOK KIAW 3. LEW YON FUAH (

Citation: JA-22IP-3-09/2019 (Mahkamah Tinggi)
Court: High Court
Case number: JA-22IP-3-09/2019 (Mahkamah Tinggi)

The court found the Defendants used the mark 'MASFOAM' in the course of trade (on invoices, delivery orders, business cards, website and social media and by incorporating a company name), the mark used was identical/indistinguishable from the registered Trade Mark, intention to infringe was irrelevant, the good faith name defence did not apply because the name was not a personal/place name and Defendants knew of the prior mark, Plaintiffs had acquired sufficient goodwill and the Defendants' use constituted misrepresentation likely to cause confusion and damage; consequently injunctions and mo…