26 Feb 2026
The caveat was lodged on behalf of Yang Commerce, a registered proprietor; a registered proprietor has no caveatable interest under s323(1) NLC; neither the Defendant nor Yang Commerce established a caveatable interest; therefore the private caveat was unsustainable and ordered removed.
4 Nov 2025
The court found the plaintiff to be an aggrieved person and/or entitled as a registered proprietor; the defendant’s mark 'STHLL' is visually, aurally and conceptually similar to the plaintiff’s STIHL marks and applied to identical/similar goods in Class 7 such that there is a real likelihood of deception or confusion; accordingly the registration TM2022006381 was declared invalid and the Registrar ordered to revoke/remove/expunge it; costs RM8,000 awarded to plaintiff.
16 Aug 2024
Plaintiff's application dismissed because he failed to prove he is an aggrieved person with a caveatable/registrable interest: his evidence was hearsay, lacked proof of payment and of authority as nominee, and the underlying investor agreements were tainted by unlicensed lending making them void; consequently no serious question to be tried and the balance of convenience did not favour extending the caveat pending trial.
16 Mar 2023
Plaintiff qualified as an aggrieved person and established prima facie non-use of the Defendant's four Marks in Classes 18 and 25 for the Relevant Period; Defendant failed to prove genuine public/commercial use or provide proper reasons for non-use; registration longevity under s.53 does not bar revocation under s.46(1); therefore the four registrations are revoked and costs awarded.
29 Jun 2020
Plaintiff established a prima facie case of continuous non-use during the relevant three-year period by an admissible private investigation report; Defendant failed to rebut with credible contemporaneous evidence of lawful commercial use within the relevant period, and alleged invoices were insufficient and likely unlawful because Defendant did not have a registered business name, therefore there was no use in good faith/in the course of trade and the registered mark must be expunged under s.46(1)(b) TMA 1976.