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HIGH COURT MALAYA KUALA LUMPUR
LAM SOON EDIBLE SDN BHD – Appellant
Versus
HUP SENG PERUSAHAAN MAKANAN (M) SDN BHD – Respondent
| Table of Content |
|---|
| 1. registration and non-use of trademarks (Para 1 , 2 , 3 , 4 , 5) |
| 2. locus standi and non-use argument (Para 6 , 8 , 9 , 10) |
| 3. admissibility of survey evidence (Para 11 , 12 , 13 , 14) |
| 4. decision on trademark validity and conclusion (Para 15 , 21) |
| 5. evidence of active use of trademarks (Para 18 , 19 , 20) |
[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 a
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