Introduction

[1] This was an appeal from the decision of the High Court in Kuala Lumpur allowing the plaintiff s application to have the trade mark "" which was registered in the defendants name under various registrations numbers ("the defendants trade marks") in various classes in the Malaysian Register of Trade Marks ("Register") expunged and removed from the Register.

[2] In this judgment, the parties are referred to as they were in the High Court.

Brief Background Facts

[3] The plaintiff was a company incorporated in Thailand. The defendant was a company incorporated in the Philippines.

[4] The defendants trade marks were registered with the following numbers in the following classes and for the following goods and services:

(1) 00010944, in class 30, for a range of snack food products;

(2) 04009312 in class 29 for "potato chips, crisps, flakes, meat, fish, poultry, meat extracts, preserved, dried and cooked fruits and vegetables, jellied, jam, eggs, milk, edible oils and fats, cheese and pickles";

(3) 05004420 in class 43 for "services for providing food and drink included in class 43";

(4) 05021787 in class 30 for "coffee, tea, cocoa, sugar, tapioca, sago, artific