JUDGMENT

Zulkefli Ahmad Makinudin CJM:

Introduction

[1] This is an appeal by the appellant against the decision of the Court of Appeal in dismissing the appellant's appeal against the decision of the High Court. There were two applications before the High Court filed by the respective parties. The appellant's application was to expunge the respondent's registered trade mark "Squiggles" pursuant to s 46(1)(b) of the Trade Marks Act 1976 ["TMA"] ["Application to Expunge"]. The respondent's application was for a trade descriptions order pursuant to s 16(1) of the Trade Descriptions Act 1972 ["Application for TDO"] in respect of the respondent's use of the mark "Squiggles". Both applications were heard together in the High Court and on appeal at the Court of Appeal. Both applications were decided in favour of the respondent at the High Court and Court of Appeal. The application to expunge was dismissed against the appellant with costs. The application for TDO was allowed.

Leave To Appeal

[2] Leave to appeal to this Court was granted on the following questions:

Question 1

Whether for the purpose of s 46(1)(b) of the Trade Marks Act 1976, the Court must first decide the competing