HIGH COURT MALAYA KUALA LUMPUR
ESSITY HYGIENE AND HEALTH AB – Appellant
Versus
PRABAS VCARE HEALTH CLINIC PRIVITED LIMITED – Respondent
[1] This is another application to expunge a trade mark for non-use that came before me after the case of Samsung Electronics Co Ltd v. Orient Co Ltd and Hao Pin Wei Biotech Food Co Ltd v. Hai Pa Wang International Group Corp .
[2] The Plaintiff is an incorporated company under laws of Sweden and part of the Essity Group which includes Vinda Malaysia Sdn Bhd ("VM") which is a subsidiary of Vinda International Holdings Ltd which is in turn a subsidiary of the Plaintiff.
[3] VM is a licensed manufacturer, importer and distributor of the products offered by the Essity Group which amongst others includes incontinence care products such as adult under pads and diapers, consumer tissues, etc.
[4] The Plaintiff has applied to the Registrar of Trade Marks constituted pursuant to the Trade Marks Act 1976 (" TMA ") to register the following trademark ("Mark") in Class 3 in respect of skin care products and Class 5 in respect of sanitary products:
[5] The Defendant (which should correctly be spelt as Praba's VCare Health Clinic Private Limited) is a company incorporated under the laws of India and part of the VCare Group founded by Mrs Carolin Praba which includes VCare Pharcos

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