Trademark appeals in Malaysia


Chew Kherk Ying and Sonia Ong

Generally, appeals against the decisions of the Registrar of Trade Marks are heard by the High Court with the possibility of a further appeal to the Court of Appeal, and a final appeal to the Federal Court if certain preconditions are met.

This was confirmed by the Federal Court in Yong Teng Hing B/S Hong Kong Trading Co. v Walton International Limited in July 2011.

The Federal Court decided in this case that the Registrar of Trade Marks was not a ‘subordinate court’, which was an important assessment as the Subordinate Courts Act only applies to the Sessions Court, Magistrates Court and Penghulu’s Court for which there lies a right of appeal to the High Court exercising its appellate jurisdiction.

Therefore, in all other cases, the High Court was deemed to be exercising its original jurisdiction. This stems from Section 96 of the Courts of Judicature Act, which requires that an appeal heard by the Court of Appeal emanates from a decision decided by the High Court in the exercise of its original jurisdiction.

trademark appeals, Malaysian Registrar of Trade Marks, Yong Teng Hing v Walton, Tio Chee Hing v United Overseas Bank Bhd