JUDGMENT

Suriyadi Halim Omar JCA:

[1] This appeal emanated from the High Court as a consequence of the dismissal of the applicant's application (hereinafter referred to as the appellant) with costs by the learned judge. After a lengthy hearing this panel had dismissed it with costs. The prayers in the abovementioned application inter alia read as follows:

(1) that the entry in Part A of the Register of Trade Marks in relation to trademark registration no. 92/02266 for "MCLAREN" in class 25 in respect of "articles of clothing including boots, shoes and slippers, all included in class 25" ("the said trade mark registration") be removed and expunged from the Register of Trade Marks pursuant to sections 14, 25, 45 and/or 46(1) of the Trade Marks Act 1976;

(2) in the event that prayer (1) above is granted by this Honourable Court, the Register of Trade Marks be rectified and/or corrected by removing the respondent as the registered proprietor of the said trade mark registration from the Register of Trade Marks;

(3) in the event that prayers (1) and (2) are granted by this Honourable Court, the Registrar of Trade Marks be directed to remove and/or strike off the respondent as the registe