JUDGMENT

Zulkefli Ahmad Makinudin J:

[1] This is the plaintiffs' claim against the defendant for acts of trade mark infringement and/or passing off the defendant's offending watches as and for the watches of the plaintiffs.

[2] The defendant has filed a counter claim averring that the plaintiff's Five Star Device (watches) mark has been entered with the Trade Mark Register without sufficient cause and/or is wrongfully remaining in the Register. The defendant counter claims that the plaintiffs trade mark under Registration No 91/02436 for the Five Star Device be rectified and/or expunged from the record of the Register of Trade Marks.

[3] The relevant facts as agreed by both the parties are as the following:

(1) The plaintiffs are the registered proprietors of the Trade Mark Registration of the "Blansacar with Five Stars Device" trade mark ("the plaintiffs' Registered Trade Mark") by way of the Trade Mark Registration No 91/02436 in respect of watches in Class 14 as from 21 May 1991 in Malaysia.

(2) The first plaintiff has also applied to register the Chinese characters "WU XING SHANG JIANG", the translation of which is "Five Stars General", in respect of watches in Class 14 vide