Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Variation of registered trade mark
  • 5 Oct 2021

    Munchy Food Industries Sdn Bhd Huasin Food Industries Sdn Bhd

    Citation
    02(f)-85-11-2019(W) (Mahkamah Persekutuan)
    Court
    f
    Case number
    02(f)-85-11-2019(W) (Mahkamah Persekutuan)

    The Federal Court held that honest concurrent use under the TMA and variation of a registered trade mark are not relevant considerations in an infringement or passing-off action absent pleading and evidence; a registered proprietor is not obliged to seek variation before suing for infringement or passing-off; the Court of Appeal erred by raising and applying unpleaded statutory defences (section 20 TMA) and by substituting a co-existence remedy without it being pleaded and supported by evidence, and the High Court judgment finding infringement and passing-off was reinstated.