ZYDUS WELLNESS LIMITED v. PENDAFTAR CAP DAGANGAN & ANOTHER CASE

[2025] 2 MLRH 839
High Court Malaya, Kuala Lumpur
Adlin Abdul Majid J
[Originating Summons Nos: WA-24IP-28-07-2024 & WA-24IP-29-07-2024]
Adlin Abdul Majid J

JUDGMENT

Adlin Abdul Majid J:

A. Introduction

[1] The appellant filed two originating summonses by way of WA-24IP-28-07-2024 ("OS 28") and WA-24IP-29-07-2024 ("OS 29"), seeking to set aside the decisions of the respondent, dismissing the appellant's applications to register its trademark. As the trademark which is the subject matter of OS 28 and OS 29 is the same, both actions were heard together.

[2] After considering documentary evidence before the court and hearing counsel's submissions, the court dismissed the originating summonses. The reasons for the decision are set out below.

B. Background Facts

[3] On 27 July 2017, the appellant filed the following trademark applications for the mark, "SUGAR FREE" ("Appellant's Mark"):

a. Trademark application no 2017007923 under Class 5 for goods being, "Herbal preparation medicinal drinks, pharmaceutical preparations, effervescent tablets & powders, softgel capsule, health supplements and all included in Class 5"; and

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