13 Dec 2024
MONSTER ENERGY COMPANY 1. ) ONG CHIN CHYE 2. ) ANG GUAN HOE
- Citation
- WA-24IP-11-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24IP-11-06/2024 (Mahkamah Tinggi)
The Registrar did not err: the defendant's composite mark, when considered as a whole (word plus device), is not similar to plaintiff's MONSTER mark visually, phonetically or in idea; the goods are of different description and trade channels (energy drinks versus coffee/tea/baked goods); the imperfect recollection test does not lead to confusion; the irregular form of the defendant's declaration was not prejudicial and the Registrar properly exercised discretion to proceed; therefore the opposition was rightly dismissed and the defendant's mark is distinctive and registrable.