KUALA LUMPUR, Sept 30 — A kretek cigarette importing company and its director were fined RM2.08 million by the Shah Alam Sessions Court today after being found guilty of using a registered trademark without approval for 520,000 boxes of ‘JOHN’ brand cigarettes five years ago.
Judge Rasyihah Ghazali passed the sentence after ruling that the defence had failed to raise a reasonable doubt against the prosecution of Roslan Abu Bakar, 61, as a person under summons (OKS), and Ramunas Sdn Bhd, at the close of the defence case.
“The prosecution has proven the case beyond a reasonable doubt. Ramunas and Roslan (the company director) have been convicted as charged.
“The court sentences Ramunas to a fine of RM1.56 million and Roslan to a fine of RM520,000, with 12 months’ imprisonment in default of payment. The total fine amounts to RM2.08 million,” she said.
13 prosecution witnesses and four defence witnesses, including the OKS, testified during the trial, which began in 2021.
The court also ordered all case exhibits — 520,000 boxes of ‘JOHN’ brand cigarettes — to be forfeited to the government for disposal in line with Section 127 of the Trademarks Act 2019.
According to the charge, Roslan, as director of Ramunas, was accused of having in his control for the purpose of trade 520,000 boxes of ‘JOHN’ brand cigarettes bearing a registered trademark applied falsely, under Section 100 of the Trademarks Act 2019, at a warehouse in Port Klang, Selangor, at 11.10am on October 21, 2020.
The charge, framed under Section 102(1)(c) of the Trademarks Act 2019, is punishable under Section 102(1)(ii) of the same Act, which carries a maximum fine of RM10,000 for each item bearing a falsely applied registered trademark, or a maximum three-year prison term, or both.
For a second or subsequent offence, the penalty is a maximum fine of RM20,000 for each item, or a maximum five-year prison term, or both.
Ramunas was also charged with having in its control for the purpose of trade the same goods at the same place, time, and date under Section 102(1)(c) of the Trademarks Act 2019, punishable under Section 102(1)(i) of the same Act.
This provision carries a maximum fine of RM15,000 for each item bearing a falsely applied registered trademark, while a second or subsequent offence is punishable with a maximum fine of RM30,000 for each item, if convicted.
Deputy Public Prosecutors Shafiq Mahadi and Hakiim Izani appeared on behalf of the prosecution, while lawyer R. Janeni Devi represented the OKS and the company.
