Local agent or licensee cannot claim ownership rights over registered trade mark

We acted for Wieland Electric GmbH in an action commenced at the High Court for the cancellation of Trade Mark No. 05016795 in the name of Industrial Automation (M) Sdn Bhd in Class 9. The main ground for cancellation was that Industrial Automation (M) Sdn Bhd was an agent or licensee of Wieland Electric GmbH, and cannot claim to be entitled to the trade mark registration in Malaysia. On 27th November 2013, the High Court decided in favour of Wieland Electric GmbH.

Industrial Automation (M) Sdn Bhd then appealed against the High Court decision to the Court of Appeal. The appeal was dismissed on 16th June 2014 and the Court of Appeal reaffirmed the findings of the High Court that:

  1. Merely being an agent and/or licensee does not accord trademark ownership right to the said agent/licensee
  2. Such registration by the defendant amounts to fraud on the registrar

Kuek Pei Yee and Sri Richgopinath acted for Wieland Electric GmbH.

 
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