[1] The appellant challenged the registration of the respondent's trade mark in opposition proceedings before the Registrar of Trade Marks ("the Registrar"). The Registrar dismissed the appellant's opposition and allowed the registration of the respondent's trade mark. The appellant appealed against the decision of the Registrar to the High Court.

[2] On 22 January 2016, the High Court dismissed the appellant's appeal. Upon further appeal, the Court of Appeal on 7 November 2016 affirmed the decision of the High Court.

[3] Leave to appeal was granted to the appellant by this Court on 15 March 2017 for the following questions of law:

(i) Whether the High Court in exercising its powers under s 28(5), (6) and (7) of the Trade Marks Act 1976 (" TMA ") is acting in its original jurisdiction or appellate jurisdiction? (Question 1)

(ii) Whether as a matter of law a lower or reduced standard should be applied for determining similarity or likelihood of confusion in cases involving pharmaceutical and medicinal products under ss 14 and 19 of the TMA ? (Question 2)

(iii) Whether the Registrar of Trade Marks in exercising the powers under ss 14 and 19 of the TMA to determine similarity and l