30 Sept 2025
Industria De Diseno Textil S.A. (Inditex, S.A.) House of Zaira Sdn. Bhd.
- Citation
- WA-24IP-6-01/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24IP-6-01/2025 (Mahkamah Tinggi)
The Registrar erred by failing to apply the settled holistic test (including essential features and imperfect recollection); the verbal element 'ZAIRA' is substantially similar to 'ZARA', there is overlapping Class 35 coverage and trade channels, the defendant failed to prove distinctiveness and bona fides, and 'ZARA' qualifies as well-known in Malaysia; accordingly the appeals are allowed and the Registrar's decisions of 16.12.2024 are reversed and set aside.