Ramly Ali J:

Introduction

[1] The motion dated 5 February 2007 before the court is filed by the applicant for, among others, the following reliefs:

(i) an order that the Trade Mark Registration No. 98/00228 be expunged and removed from the Register of Trade Marks, Malaysia;

(ii) in the event prayer (i) is granted, an order directing the Registrar of Trade Marks, Malaysia to rectify the Malaysian Register of Trade Marks by removing therefrom the whole entry relating to Trade Mark Registration No. 98/00228 and cause such fact of rectification and removal to be published in the Government Gazette forthwith after the order is served on him;

(iii) costs incidental to this application be paid by the 1st respondent; and

(iv) such further and other reliefs as this court deems fit.

[2] The grounds in support of the motion can briefly be summarised as follows:

(a) that up to one (1) month before the date of this application a continuous period of not less than three (3) years had elapsed during which Trade Mark No. 98/00228 for "GOODKNIGHT" in Class 5 was a registered trade mark and during which there was no use in good faith of Trade Mark Registration No. 98/00228 in relation to mo