JUDGMENT

Azizah Nawawi J:

The Application

[1] Enclosure (1) is the plaintiff's application under s 46(1)(a) and/or (b) Trade Marks Act 1976 ("TMA 1976") to rectify the trade marks register by removing and/or cancelling the defendant's trade mark registrations, which are as follows:

[2] The grounds of the application are as follows:

(i) The plaintiff is an aggrieved person as stipulated under the TMA 1976;

(ii) Aside from the defendant's marks being registered in Malaysia in bad faith, the defendant did not initiate any use of the "AL BAIK" trade mark in good faith or at all with any of the defendant's malaysian registrations in respect of any goods or services that have been registered in Malaysia at all material times, contrary to s 46(1)(a) of the TMA; and/or

(iii) Contrary to s 46(1)(b) of the TMA, the defendant has not used the mark in question for a continuous period of not less than three years plus one month in relation to the registered goods or services.

[3] After hearing the parties, the plaintiff's application was allowed with costs.

The Salient Facts

[4] The plaintiff is a company based in Egypt and has registered its trade mark in Egypt and has operated its