[1] This is the applicant's application that the Malaysian Trade Mark Registration No. 97012526 for "NATURELL" in Class 30 be expunged and removed from the Register of Trade Marks, pursuant to ss 45 and/or 46 of the Trade Marks Act 1976 (the Act).

[2] The applicant is in the business of processing and refining of palm oil, manufacturing, distributing, supplying, selling and offering for supply various consumer goods in Malaysia in its current name since 1973 and prior to that in the name of Lam Soon Oil and Soap Manufacturing Sdn Bhd.

[3] The applicant is the owner of the trademark "NATUREL" (hereinafter referred to as the "said trade mark") included in Class 29 products within the applicant's range of products bearing Registration No 91008179.

[4] The applicant has been using the said trademark on its products since the late 1980's. The sales volume and promotional and advertising expenditure of the said trademark are clearly demonstrated in its supporting affidavit.

[5] The respondent is the registered proprietor of the trademark "NATURELL" (hereinafter referred to as the "respondent's trade mark") registered under Class 30 bearing Registration No 97012526.

[6] The ap