JUDGMENT

Azizul Azmi Adnan JCA:

[1] The appellant defendant had filed an application to register "Galperti" as a trademark in Malaysia. The respondent plaintiff is the holder of the trademark in Italy, the home country of the parties^[1]. It filed an opposition to the appellant's trademark application in Malaysia.

[2] The Registrar of Trademarks dismissed the opposition, on the basis that the defendant had demonstrated use of the Galperti trademark in Malaysia from 1993.

[3] The Plaintiff appealed to the High Court , which appeal was allowed.

[4] The principal basis upon which the appellant sought registration of the trademark in Malaysia was that it had established first use of the trademark in Malaysia. Evidence of this use came in the form of invoices dating back to 1993 issued by a company known as Officine Nicola Galperti & Figlio S.p.A. According to the statutory declaration affirmed on behalf of the appellant, it is the holding company of Galperti Group, of which Officine Nicola Galperti & Figlio S.p.A. is a member. The statutory declaration also stated as follows:

6. The Applicant, through its subsidiary companies ie Galperti Malaysia Sdn Bhd and Galperti Manufacturing (Malaysia)