[1] This is an application [Enclosure 2 (a)] by the applicant for leave to appeal against the judgment of the Court of Appeal given on 11 May 2010.

[2] In making its application the applicant has submitted several proposed questions in its attempt to meet the requirements of s 96(a) of the Courts of Judicature Act 1964 ("CJA").

[3] The proposed questions read thus:

(a) 'Whether the first user and applicant for registration of a trade mark for goods included in a particular class in the Third Schedule of the Trade Marks Regulations 1983 or the Trade Marks Regulations 1997, is deemed to be the true proprietor of the said trade mark over the another who has not shown prior use of an identical or similar trade mark in relation to goods in the same class;

(b) Whether the Court of Appeal acted correctly in law in omitting to follow the established tests to determine priorities, namely that first user in Malaysia of a trade mark on goods in a particular class, will defeat first application and if neither party has used the trade mark, the first to file the trade mark application will prevail, as decided by the Court of Appeal in Lim Yew Sing v. Hummel International Sports & Leisure A/S 1996 M