Abdul Aziz Mohamad J:

[1] The applicants, a German company, are well-known manufacturers of vehicle parts, including spare parts, under the LUK trade mark. The letters forming the trade mark are the first letters of the word "Lamellen Und Kupplungsbau" in the applicants' name. The trade mark was first registered in Germany in 1954 and later in other countries where the applicants' goods were sold. The vehicle parts that feature in this case are clutch discs or clutch plates, and clutch-related items The applicants supply clutch items and other products of theirs to the makers of a wide range of motor vehicles of reputable names.

[2] The respondents were incorporated in Malaysia in 1975 and have since been manufacturing, distributing and selling clutch discs in Malaysia.

[3] On 25 January 1977, on the respondents' application, the respondents were registered in the Register of Trade Marks, West Malaysia, as the proprietors of the LUK trade mark in respect of clutch discs for motor vehicles. The registration number is M/74107.

[4] This is an application by the applicants, made on 4 July 1991, for an order under s 45(1)(a) of the Trade Marks Act 1976 expunging the entry in the Reg