13 Jun 2023
FUMAKILLA LIMITED Pendaftar Cap Dagangan
- Citation
- WA-24IP-1-01/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24IP-1-01/2023 (Mahkamah Tinggi)
The Registrar erred in law by concluding the mark was not an invented word, descriptive or non‑distinctive; the mark (combination of the foreign word "Kaori" and Japanese characters) is an invented, non‑descriptive and distinctive mark under s.10(1)(c),(d) and (e) and the Registrar's refusal dated 7.11.2022 is set aside; the Registrar must accept Trade Mark Application No. 2017069627 and issue the Notice of Acceptance and Form TM31 within 14 days upon filing an office copy of the judgment and required fees/forms.