Spritzer Warning Notice 27 May 2019
PRESS RELEASE: May-27-2019
NOTICE IS HEREBY GIVEN to the trade and public that Chuan Sin Sdn. Bhd. (Company Registration No: 33008-V) of Lot 898 Jalan Reservoir, Off Jalan Air Kuning 34000 Taiping Perak, Malaysia. [hereinafter referred to as “the Company”] is the registered proprietor and/or common law proprietor and/or Applicant of the abovesaid trade marks, trade dress and gets up (hereinafter collectively referred to as “The said trade marks) in Malaysia in Class 32 in respect of mineral water (beverages); aerated mineral waters; fruit drinks; fruit juices; syrups for making beverages; preparations for making beverages; carbonated water; isotonic beverages; beer; energy drinks (not for medical purposes); soda water; fruit juice beverages; all included in Class 32. (hereinafter referred to as “the Company’s products).
The Company has continuously used the said trade marks, trade dress and its distinctive gets up in Malaysia for more than 20 years in relation to the Company’s products in the distinctive greenish background with the pink oval ellipse at center layered with white background in their packaging and gets up. By reason of their continuous, extensive and consistent use of the said trade mark and gets up in relation to their said packaging and gets up, the said distinctive greenish background with the pink oval ellipse at center layered with white background of gets up has become the distinctiveness of the Company’s products. The above gets up and trade mark is exclusively identified with the Company’s products and the Company. The Company therefore is entitled to the goodwill and reputation associated therewith.
In addition to the above, the Trade Marks Act 1976 accords the registered proprietor the exclusive right to use the said trade marks in Malaysia.
It has come to the attention of the Company that certain parties are infringing the said trade marks and/or passed off their products as those of the Company’s by manufacturing, importing, distributing, selling, offering for sale their products bearing the said trade marks and/or packed in the said similar packaging using similar colour of gets up which are not of the manufacture of the Company.
NOTICE IS HEREBY GIVEN that in the event of any infringement or attempted infringement of the said trade marks, the Company will take all necessary steps to protect their rights including both civil and criminal proceedings against any infringers.
The Company has been advised by legal advisor that under the Malaysian Trade Mark Act 1976, any person, firm or company found to be involved in and using the Company’s Trade Mark and/or the above gets up without the consent or authorization from the company will be infringing the company’s Intellectual Property Rights. The acts of passing off may give rise to CRIMINAL PROSECUTION under the Trade Descriptions Act 2011.
In addition to the above criminal prosecution, the Company as the registered proprietor of the trade marks are also entitled to apply for an injunction, an order for delivery up, damages (or an account or profit) and costs, against the infringers of trade mark infringement and/or passing off in civil proceeding.
Any party who may be in doubt as to be authenticity of the said products or has information relating to the above infringement activities is advised to contact Ms Jo-Ann Chang, Tel: 605-801 2663 for verification.