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Question (Trademark):

Umbi Research Laboratories and Pharmaceutical Sdn. Bhd. (U&P) were respectively the manufacturers and distributors of a drug called Vitarl-S used in the treatment of osteoarthritis. The Vitarl-S trademark was registered in Malaysia in 1976. U&P claims that Phonto Sdn. Bhd. has infringed their intellectual property rights in Vitarl-S by making, distributing and selling a product called Itarl-250 which contained the same drug in Vitarl-S but which was packaged for sale in a get-up deceptively similar to the U&P's mark. Discuss the legal rights of U&P. Support your answer with relevant provisions and cases.