Introduction

[1] This is an appeal by the Plaintiff against the decision of this Court dismissing the Plaintiff's application under ss 46 and 47 of the Trademark Act 2019 ("TMA") for the invalidation and/or revocation of the Defendant's trademark from the Register of Trademarks.

[2] Below are my reasons why the Plaintiff' application was dismissed.

Background

[3] The Plaintiff was established in 1992 as a specialized agency under the Ministry of Agriculture of the People's Republic of China responsible for the certification and accreditation of "green food" in China. It is the first agency in China tasked with overseeing organic food standards. Essentially, "green food" refers to edible agricultural and processed products produced and grown organically, in pollution-free and safe environments, and in accordance with prescribed technical specifications and strict quality control.

[4] Since its establishment, the Plaintiff has certified various "green food" products and as an accreditation agency, the Plaintiff has also certified food products that have been exported to various parts of the world from China. The Plaintiff averred it has acquired an extensive reputatio