20 May 2016Jurisdiction reportsLim Eng Leong

Sweet success for Tan Kim Hock

When it comes to such local delicacies in Malaysia, Tan Kim Hock is the undisputed go-to brand for locals and tourists looking to try these sweets. Its namesake Mr Tan Kim Hock (together with his late wife) created the durian dodol, coconut dodol and coconut biscuits before the company, Tan Kim Hock, was incorporated in 1975.

In 1976, Tan Kim Hock filed a trademark application covering dodol, coconut biscuits and coconut candy in class 30 (Trademark 1, pictured). The registration has been renewed until 2021. Tan Kim Hock found itself defending its trademark rights in the High Court case of Tan Kim Hock Tong Seng Food Industry v Tan Kim Hock Product Centre & Siah Siu Eng.

The second defendant, Siah Siu Eng, became a director and shareholder of Tan Kim Hock Product Centre with Tan in 2001. Tan Kim Hock Product Centre was set up to market and sell dodol after it was manufactured in the plaintiff’s factories.

In 2012, Tan sold his interest in the Tan Kim Hock Product Centre to Siah. Until November 2013, the plaintiff’s products continued to be sold at the Tan Kim Hock Product Centre, before Tan Kim Hock stopped supplying goods to the centre. Subsequently, the plaintiff found dodol products not originating from Tan Kim Hock (but bearing a mark, Trademark 2—pictured—which was confusingly similar to its trademark) were still being sold at the Tan Kim Hock Product Centre.

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