Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Non-use
  • 14 Apr 2026

    Dong-A Pharmaceutical Co., Ltd Chen, Zhen Rui

    Citation
    WA-24IP-1-01/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24IP-1-01/2025 (Mahkamah Tinggi)

    Plaintiff proved aggrieved status and prior use; Plaintiff established prima facie non-use by Defendant during statutory periods and Defendant failed to rebut; marks are identical and goods overlap causing likelihood of confusion and passing off; evidence of Defendant's pattern of registrations and absence of use supports finding of bad faith and misrepresentation to Registrar; accordingly registration TM2020013845 is revoked for non-use and declared invalid on multiple statutory and common law grounds.