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Feb 13, 2018
Chew Kherk Ying, Wong & Partners, Malaysia
Woo Wai Teng, Wong & Partners, Malaysia
First published on

Malaysian Federal Court Rules On The Evidence of Non-Us...

Chew Kherk Ying, Wong & Partners, Malaysia, Woo Wai Teng, Wong & Partners, Malaysia, First published on www.wongpartners.comAt the first instance of the delicious saga of Oishi Group Public Company Ltd v Liwayway Marketing Corporation [2015] 2 CLJ 1121, Oishi Group Public Company Ltd ("Oishi"), a manufacturer and producer of beverages bearing the OISHI mark, had successfully expunged Liwayway Marketing Corporation's ("Liwayway") OISHI mark in Class 30 and 43 from the Register of Trade Marks ("Register"). The order for expungement is premised on the following grounds on non-use under Section 46 of the Malaysian Trade Marks Act 1976 ("the Act"); and that the entries were made without sufficient cause and wrongfully remained on the Register - the term OISHI relates to surnames of prominent Japanese, bears reference to the goods i.e. food and drinks, and has a well known dictionary meaning. The High Court held that Oishi had established a prima facie case of non-use via the market survey report and Liwayway failed to prove use. The invoices provided by Liwayway in support of the use of the mark was rejected as  read more