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Feb 19, 2013
Annette Wong, KASS International Sdn Bhd,Malaysia

Definitive Decision Delivered in DGEM Dispute


Annette Wong, KASS International Sdn Bhd,MalaysiaHere in Malaysia, we practice the “first-to-use” principle, meaning the first user of a trademark is generally considered the true owner of the mark. Therefore owners of trademarks who have failed to register their trademarks, or applied to register them at a later date, would still possess limited unregistered rights over their trademarks in Malaysia. This principle was however seemingly overlooked in the recent case of Degem Berhad & Ors v De Gem Goldsmith & Jewellery Sdn Bhd & Ors. The Plaintiffs read more