7 Oct 2025
MCDONALD'S CORPORATION B. AWTAR SINGH A/L BALWANT SINGH TRADING AS MC SPICY CURRY HOUSE
- Citation
- WA-24IP-19-05/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24IP-19-05/2025 (Mahkamah Tinggi)
Registrar erred in law and fact: (a) non-service under Regulations 39 and 41 was mandatory and should have rendered the application abandoned; (b) the correct legal test requires commercial, specification-based comparison showing overlap in Class 29 goods, leading to identical/similar goods; (c) plaintiff's proven Mc/Mac family of marks gives the 'MC' prefix enhanced distinctiveness such that 'MC CURRY' is likely to cause confusion and constitute passing off; (d) the Defendant's application therefore offends ss 14(1)(a), 14(1)(d), 19(1)(b) and 25(1) of the Trademarks Act 1976 and must be refu…