Adlin Abdul Majid J:

Introduction

[1] The plaintiff filed an originating summons to set aside the decision of the learned Registrar of Trademarks ("Registrar"‌), dismissing the plaintiff's opposition against the defendant's trademark application.

[2] The court dismissed the originating summons and upheld the decision of the learned Registrar.

B. Background Facts

[3] The plaintiff is the owner and proprietor of the well-known trademark consisting of the rearing horse device ("Plaintiff's Mark"‌). The plaintiff has obtained numerous trademark registrations in Malaysia for the Plaintiff's Mark.

[4] The defendant is involved in various businesses, including the trading of consumable products. The defendant filed application no.

[5] On 11 April 2016, the plaintiff filed a notice of opposition against the Defendant's Application ("Plaintiff's Opposition"‌). On 29 April 2024,the learned Registrar dismissed the Plaintiff's Opposition ("Registrar's Decision"‌) and allowed the Defendant's Mark to proceed to registration.

[6] The plaintiff filed this action to set aside the Registrar's Decision.

[7] The assessment of the learned Registrar in the Registrar's Decision is based on the provisions