JUDGMENT

Wong Kian Kheong JC:

A. Introduction

[1] The plaintiff company (plaintiff) is an international fashion house renowned for its high-end fashion goods under the brand "Louis Vuitton".

[2] The defendant company (defendant) is incorporated in Japan and has no business or office in Malaysia.

[3] The defendant had applied to the Registrar of Trade Marks (Registrar) to register a combination mark "ZEPHYR" (ZEPHYR Mark) for goods in class no 25 (defendant's Application). In the defendant's Application, the defendant had given to the Registrar the following addresses:-

(1) the defendant's address in Japan, 8 August 20, Nishi-Gotanda, Shinagawa-ku, Tokyo, Japan (Japanese Address); and

(2) an address of service at Drewmarks Patents & Designs (Malaysia) Sdn Bhd, 9th floor, Bangunan Getah Asli, 148, Jalan Ampang, 50450 Kuala Lumpur (defendant's Address With Registrar).

[4] The Registrar had allowed the defendant's Application and consequently, ZEPHYR Mark with trade mark registration no 95010243 had been registered in the defendant's favour in the Register of Trade Marks (Register) with effect from 28 September 1995 (defendant's Registered Trade Mark).

[5] In this OS, the plaintiff applies to c