Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Good faith use

Legal area

Court

18 Nov 2025

1. ) INTERMET HOLDINGS SDN BHD 2. ) DOVER ELEVATORS (MALAYSIA) SDN BHD DELAWARE CAPITAL FORMATION, INC.

Citation

WA-24IP-12-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24IP-12-06/2024 (Mahkamah Tinggi)

The Plaintiffs established they are aggrieved and proved a prima facie case of non-use; the evidential burden shifted to the Defendant which failed to prove genuine, good-faith use of the DOVER marks in Malaysia during the relevant period (2 May 2021 to 1 May 2024), because invoices and third-party documentation were sporadic, unconnected to the proprietor by evidence of consent or control, lacked external-facing trademark use, and did not demonstrate use in relation to the registered specifications; accordingly the registrations in Classes 7 and 9 were revoked and expunged.
18 Jun 2020

Diesel S.P.A Bontton Sdn Bhd

Citation

W-02-(IPCV)(A)-1594-08/2016 (Mahkamah Rayuan)
Court

IPCV
Case number

W-02-(IPCV)(A)-1594-08/2016 (Mahkamah Rayuan)

The Court held that s40(1)(a) TMA 1976 protects bona fide use of one’s own name (including corporate name) notwithstanding other provisions; the Court has power under s41 SRA, Order 15 r16 and inherent jurisdiction to grant declarations of non-infringement; the test for good faith is subjective and the appellant had shown sufficient bona fide long‑standing use and reputation to warrant a negative declaration, so the High Court’s dismissal was set aside and the DNI granted.