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CN 
Trademark disputes rarely reach the highest court unless the issues strike at the very core of brand ownership. The dispute between TCE Sports and Bullzen is one such case. At its core, the conflict was not merely about similar branding, it was about whether a registered trademark can withstand a challenge from a business that claims earlier and genuine use of the same mark.
At the High Court and later at the Court of Appeal, TCE Sports stood before the courts as the registered proprietor of the disputed trademark. TCE Sports relied on its formal registration, asserting that statutory ownership granted it exclusive rights to use and enforce the mark. Bullzen, on the other hand, challenged this position by arguing that it had been using the same or a substantially similar mark earlier in the marketplace, building reputation and goodwill long before the registration was secured.
Both the High Court and the Court of Appeal ruled in favour of TCE Sports. The courts emphasised the importance of certainty in the trademark register and held that a valid registration should not be lightly disturbed. Bullzen’s claim of prior use, while acknowledged, was found insufficient on its own to defeat registered rights without strong proof that TCE Sports had acted dishonestly or in bad faith at the time of filing. These decisions reinforced the long-held belief that registration is the strongest shield in trademark enforcement.
However, the Federal Court took a more probing and commercially grounded approach. Instead of focusing solely on registration, the apex court of Malaysia examined how and why the trademark was adopted, and whether allowing it to remain registered would unfairly appropriate another trader’s goodwill. Ultimately, the Federal Court ruled in favour of Bullzen, reaffirming that trademark law is not meant to reward opportunistic registration at the expense of established market players. The decision clarified that earlier genuine use and reputation can prevail, even against a registered trademark.
This case carries powerful lessons for brand owners across all industries. It confirms that registration alone is not an absolute guarantee of ownership. Businesses that register marks without conducting proper searches or understanding market history expose themselves to serious legal risk. Equally, businesses that have used a mark for years without registering it may still have enforceable rights.
Key precautions businesses should take include:-
- Conducting comprehensive trademark clearance searches before adoption
- Registering trademarks early and in relevant classes
- Maintaining evidence of first use, continuous use, and market reputation
- Monitoring the trademark register for conflicting filingsSeeking legal advice immediately when a dispute arises
All businesses are always be reminded that pursuing proactive protection is far less costly than defending a court dispute.
At PINTAS IP Group, our dedicated Intellectual Property team brings over 20 years of experience in protecting and enforcing trademarks, copyrights, and other valuable IP assets. We help businesses navigate trademark registration, opposition and cancellation proceedings, as well as complex IP litigation, ensuring that your brand and creative works are not only protected, but strategically positioned to maximise their commercial value.
Whether you are launching a new brand, expanding an existing one, or facing a trademark or IP dispute, early and informed legal intervention can be the difference between securing your rights and losing your brand equity. Consult us today and act swiftly to safeguard your position.
Act fast to schedule your complimentary consultation and let our IP professionals help you protect what you’ve built and maximise its value.