16 Dec 2024
Zydus Wellness Limited Pendaftar Cap Dagangan, Malaysia
- Citation
- WA-24IP-29-07/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24IP-29-07/2024 (Mahkamah Tinggi)
The words 'SUGAR FREE' are ordinary English words, not invented; they directly and obviously describe the character/quality of the goods (i.e. without sugar); the mark is not inherently distinctive and the appellant failed to prove factual distinctiveness or secondary meaning in Malaysia; accordingly the Registrar's refusal under section 10 of the Trade Marks Act 1976 was legally correct and the originating summonses are dismissed.