James Foong J:

Introduction

[1] The appellant had filed a notice of motion in the High Court seeking the following reliefs:-

(1) That respondents' trade mark, bearing registrationNo: 88/03298, registered on 5 July 1988 under class 25 for "socks and underwear" ('the respondents' trade mark), be expunged and removed from the Register of Trade Marks in Malaysia (Register).

(2) That the Registrar of Trade Marks, Malaysia (Registrar), be directed to rectify the Register by removing therefrom the respondents' trade mark and publish this in the Government Gazette.

(3) That costs of and incidental to this application, including those at the Registry, be paid by the respondents.

The Appellant's Reasons

[2] To support its application, the appellant advanced these reasons: First, the appellant declared that it is the registered proprietor of a trade mark under class 25 for shoes, boots and parts thereof, slippers and sandals bearing registration number M/57693 (the appellant's trade mark) which was registered on 23 August 1971. The appellant's trade mark has the word 'POWER' and a sharp two pronged arrow-like device pointing to the right. The illustration takes this form:-

[3] According to th