JUDGMENT

Balia Yusof Wahi FCJ:

[1] The appellant Liwayway Marketing Corporation (Liwayway) is a company incorporated in the Philippines and is the registered owner of the trade mark 'Oishi' in class 30 and class 43 on the Register of Trade Marks. The details of Liwayway's registered marks are as follows:

(i) Registered Trade Mark Number 00010944 in class 30 (for snack food products such as prawn crackers, potato flakes, potato fries etc) registered since 10 August 2000;

(ii) Registered Trade Mark Number 04009312 (for potato chips, meat, fish poultry etc) registered since 8 July 2004;

(iii) Registered Trade Mark Number 05004420 in class 43 (for services for providing food and drink) registered since 25 March 2005; and

(iv) Registered Trade Mark Number 05021787 in class 30 (for coffee, tea, cocoa, sugar, rice etc) registered since 23 December 2005.

[2] The respondent Oishi Group Public Limited Company (Oishi Group) is a public company incorporated in Thailand and is in the business of manufacturing and producing non-alcoholic beverage, aerated water, fruit juices, ready to drink green tea and carbonated drinks under its trade mark 'OISHI'.