JUDGMENT

Badariah Sahamid JCA:

Introduction

[1] This is an appeal against the decision of the learned Judicial Commissioner (JC) dated 4 May 2016, who ordered the defendants SRAM Marks under Registration Nos 05016151, 07017014, 09012790 and 09003528 in Class 12 (defendants SRAM Marks) to be expunged and removed from the Register.

[2] For ease of reference, parties will be referred to as they were in proceedings before the High Court.

Salient Facts

[3] The plaintiff, Huan Schen Sdn Bhd is a local company which was incorporated in 1995. The plaintiff has been in the business of distribution and selling of bicycles, bicycle parts and accessories.

[4] The defendant, SRAM LLC a company incorporated in the United States of America (USA) in 1987, manufactures bicycles and bicycle parts and accessories under the trade marks, "SRAM", "SRAM RIVAL" and their variations.

[5] It was not disputed that the trade mark "SRAM" was created by the defendant in the United States in 1987. The trade mark "SRAM" was created from the acronym of the three founders of the company: Scott, Ray and Sam.

[6] It was averred in the defendants affidavit that the defendants Goods and the defendants five Trade Marks had been