Back
COURT OF APPEAL PUTRAJAYA
MERCK KGAA – Appellant
Versus
LENO MARKETING (M) SDN BHD; REGISTRAR OF TRADE MARKS (INTERESTED PARTY) – Respondent
| Table of Content |
|---|
| 1. dismissing appeal due to lack of evidence of trade mark similarity. (Para 1 , 2 , 6) |
| 2. the case details the appeal process and registration of the trade mark 'bionel'. (Para 3 , 4 , 5) |
| 3. the court examines the central issues raised regarding the trade mark. (Para 7) |
| 4. determination of confusion based on marks and public perception. (Para 8 , 9 , 17) |
| 5. discussion on legal provisions addressing confusing similarity in trade marks. (Para 10 , 11) |
| 6. sections of the trade marks act relevant to trademark confusion. (Para 12 , 25) |
| 7. conclusions drawn regarding the distinctiveness and validity of the trade marks. (Para 19) |
[1] This is an appeal against the decision of the High COURT in which the learned Judge dismissed an Appellant's/Plaintiff's opposition to the Respondent's/Defendant's registration of a trade mark "Bionel" under the Trade Marks Act 1976 .
[2] We heard the appeal and after due consideration of the respective submissions of counsel, we dismissed the appeal and now give our reasons for our decision.
Factual Background
[3] The Respondent had made an application to the Registrar of Trade Marks on 18 July 2008 to register its trade mark "Bionel" under Class 5
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
