JUDGMENT

Mohd Radzi Harun J:

Introduction

[1] This Court allowed the Originating Summons filed by the Plaintiff under subsection 46(1) and subsections 47(1), (3) and (6) of the Trademarks Act 2019 ("TMA 2019") to revoke and invalidate the trademarks registered in the Defendant's name. This is an appeal against that decision.

Background

[2] Plaintiff is the registered proprietor of the trademark as depicted below, which will be referred to in this Judgment as "MENGNIU / Trademark":

[3] The Plaintiff is the principal operating subsidiary of the Hong Kong public listed conglomerate China Mengniu Dairy Company Limited ("CMDCL"). CMDCL is a Chinese manufacturing and distribution company of diary products with headquarters in Hohhot, inner Mongolia, manufacturing dairy products under the brand name "MENGNIU".

[4] The Plaintiff was established in 1999 and prides itself as one of the world's top-ranking dairy companies. The Plaintiff contended that it is the inventor and originator of the trademark consisting the words "MENGNIU / ". The word "MENGNIU" is taken from the full name of the Plaintiff, inner Mongolia Mengniu Diary (Group) Company Ltd, and the Chinese word "", which literally means M