TROUBLE BREWING AS COMPANY AND DIRECTOR CHARGED WITH MISUSING THE ‘TENOM COFFEE’ GEOGRAPHICAL INDICATION (GI) IN MALAYSIA
Geographical Indication (GI) is an Intellectual Property right for products with a specific geographic origin and reputation tied to that location like ‘Darjeeling Tea’ from West Bengal, ‘Scotch Whisky’ from the UK and ‘Kancheepuram Silk’ from Tamil Nadu.
Geographical Indication (GI) helps to protect traditional knowledge and provides significant economic benefits by increasing the value of local products and boosting local economy. They also preserve traditional production methods, protect cultural heritage and offer consumers guarantee of quality and origin in relation to the products offered.
Malaysian based Geographical Indication (GI) example includes ‘Tenom Coffee’ from Sabah, ‘Sarawak Pepper’ from Sarawak and ‘Klang Bak Kut Teh’ from Selangor all of which are registered under the Malaysian Geographical Indications Act 2022.
FACTS OF THE ‘TENOM COFFEE’ CASE
Deputy Public Prosecutors from the Ministry of Domestic Trade and Cost of Living (KPDN) charged a local coffee manufacturing company and its director in the Malaysian Sessions Court last 09 September 2025 for displaying “KK Tanom Coffee” brand on the packaging of their 1,368 units of coffee bags.
The director and his company are involved in the business of manufacturing and selling coffee based products in Malaysia. One of their products sold is the “KK Tanom Coffee” brand which is a 2 in 1 coffee bags weighing at 240 grams.
In this case, their “KK Tanom Coffee” brand was considered confusingly similar to the ‘Tenom Coffee’ (GI) originating from Sabah. The director and his company do not own the rights over the ‘Tenom Coffee’ (GI) which is a registered Geographical Indication (GI) in Malaysia.
The director and his company are accused of using a brand that could indirectly refer to the registered ‘Tenom Coffee’ (GI) without the rights holder’s approval.
WHAT IS ‘TENOM COFFEE’
‘Tenom Coffee’ refers to coffee beans originating from the Tenom district in Sabah, Malaysia. The product ‘Tenom Coffee’ is known for its distinctive smoky aroma and flavour achieved through traditional wood fire roasting of Robusta beans. The ‘Tenom Coffee’ name is a registered Geographical Indication (GI) in Malaysia produced mainly by Yit Foh Coffee, the oldest coffee producer in Sabah.
The ‘Tenom Coffee’ Geographical Indication (GI) registration details are as follows:
- GI NO: GI 2006-00005
- NAME: TENOM COFFEE
- OWNER: YIT FOH COFFEE FACTORY SDN BHD
- GEOGRAPHICAL AREA: SABAH
- REGISTRATION DATE: 01 NOVEMBER 2006
WHAT HAPPENS NEXT
The director and his company both pleaded not guilty to separate charges read before Judge Datuk Che Wan Zaidi Che Wan Ibrahim. Section 34(3) of the Geographical Indications Act 2022 stipulates fines of up to RM15,000 per item for first offences and up to RM30,000 per item for subsequent violations.
The director faces charges under Section 34(3)(b) read together with Section 67(1)(b) of the same legislation for committing the identical offence. If convicted, he could face fines up to RM10,000 per item, imprisonment up to three years, or both, with enhanced penalties for subsequent offences.
The Sessions Court set bail at RM10,000 with one surety and scheduled the next case mention on 08 October 2025.
HOW TO AVOID SUCH TROUBLE BREWING IN THE FUTURE
Intellectual property (IP) rights are not always top of mind when trying to run a business. However, example of what happen in this case could happen to you too. Failure to respect Intellectual property (IP) rights could have serious legal and financial consequences for your business, whether the infringement was intentional or not.
If you or your organization require more detailed information about trademark issues, please do not hesitate to contact us.
Written by:
Hardeep Singh