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Merck v Leno Marketing - No appeal to Federal Court for matters originating from Trade Mark Registry



The Federal Court in Merck KGaA v Leno Marketing (M) Sdn Bhd recently departed from its previous decision in Yong Teng Hing (t/a Hong Kong Trading Co) v Walton International Ltd [2011] 5 MLJ 629. It was previously decided in Walton that the High Court was exercising its original jurisdiction in hearing appeals from Trade Mark Registrar and therefore, the matter may be appealed to the Federal Court. The Federal Court in Merck however recently held that the High Court was exercising its appellate jurisdiction in hearing appeals from Trade Mark Registrar and therefore, the matter ends at the Court of Appeal and no further appeal lies to the Federal Court.

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