Chan Sek Keong JC

On July 15, 1980, the well-known golfer, Arnold D. Palmer ("the applicant"), made an application ("the application") to the Registrar of Trade Marks, Singapore ("the Registrar") to rectify the Register of Trade Marks by removing therefrom Trade Mark No. 63249 ("TM 63249") registered in the name of Lim Mok Hui, Ang Lee Kim and Lim Ley trading as Hui Ching Dress Makers of 246A Geylang Square, Block 5, Singapore 14. The mark consists solely of a device of an umbrella and is registered in Class 25 in respect of shirts, dresses, pyjamas, shorts and T-shirts for ladies and children and pyjamas for gents. The application was made under section 40 of the Trade Marks Act (Cap. 206) ("the Act") in response to the Registrar's refusal, because of the existence on the register of TM 63249, to proceed with the applicant's earlier application (No. 79133) to register a trade mark consisting of an umbrella device in respect of all goods included in Class 25, including shirts, sweaters, slacks, jeans, jackets, articles of rainproof clothing, headgear (for wear), stockings and socks (for wear).

In the application, the applicant says that he is an aggrieved person, and that the