Wrongfully registered Multimedia Super Corridor logo cancelled

Malaysia

Following an order from the High Court of Kuala Lumpur, the Malaysian Trademarks Registry has effected the cancellation of a logo mark that was identical to the Malaysian Multimedia Development Corporation's (MDC) logo used to promote a business hub in Kuala Lumpur known as the Multimedia Super Corridor (MSC) (Originating Motion D8-25-16-2003).

The MSC is a 750-square kilometre area located to the south of Kuala Lumpur that is intended to serve as a hub for the development of a highly competitive cluster of Malaysian multimedia and IT companies. The MSC project was launched by the Malaysian government in 1996, and the development and implementation of the MSC was entrusted to the government-owned MDC. As part of its efforts to promote the MSC globally, MDC devised a unique logo. Only companies and institutions that have been awarded MSC status are entitled to use the MSC logo on their business cards, letterheads and other printed matter.

Optical Media Sdn Bhd, a Malaysian company, registered a facsimile copy of the MSC logo as a trademark in 1999. In late 2002, MDC became aware of the offending trademark and entered into a series of negotiations to persuade Optical Media to remove it voluntarily from the Trademarks Register. When Optical Media failed to do so, MDC launched an action in the High Court.

Optical Media failed to appear at the proceedings and the High Court duly upheld MDC's claim for cancellation. A copy of the relevant order was thereafter served on the registrar of trademarks directing him to effect the cancellation.

Teo Bong Kwang, Raja Darryl & Loh, Kuala Lumpur

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