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2025 MarsdenLR 5081

HIGH COURT MALAYA KUALA LUMPUR
INDUSTRIA DE DISENO TEXTIL SA (INDITEX SA) – Appellant
Versus
HOUSE OF ZAIRA SDN BHD & ANOTHER CASE – Respondent


Petitioner Advocates:Sanjay Rajaah Kumar,Mahendra Balakrishnan ,Respondent Advocate: Rubachandran Govindasamy

JUDGMENT

Edwin Paramjothy Michael Muniandy JC:

[1] Plaintiff filed two applications via WA-24IP-5-01/2025 and WA-24IP-6-01/2025, to this court, seeking to appeal against the decision made by the learned Registrar of Trademarks on December 16, 2024 in dismissing Plaintiff's Notice of Opposition against the registration of Defendant's Trademark Application under Class 35 and Trademark Application under Class 16.

Background Facts

[2] Plaintiff is a company established and incorporated in Spain since 1985. It operates as a global entity comprising over 100 companies engaged in the design, manufacture, and distribution of textiles.

[3] Plaintiff is in the business of selling and manufacturing clothing, accessories for men, women and children. It is the registered owner of the "" and "" trademarks under class 35 and class 16 ("Plaintiff's Zara Trademarks").

[4] The plaintiff's first 'ZARA' retail store, specializing in clothing and other apparel was launched in July 1975 in A Coruña, Spain, by Plaintiff's founder. Since then, the 'ZARA' chain of retail outlets has experienced exponential growth, becoming a prominent name in the trade of clothing, textiles, and household goods both within Spain


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