Latest Posts

17.12.2020 | Supremacy of Well-Known Trademark in Hong Kong

In a recent Hong Kong High Court decision that awarding “LOUIS VUITTON” the status of well-known trademark, it has evidenced the supremacy of protection offered under this supreme status. Louis Vuitton Malletier, commonly known as Louis Vuitton or shortened to LV, is a French fashion house and luxury goods company founded in 1854 by Louis Vuitton. Louis Vuitton is one of the world’s leading international fashion brands; it sells its products through standalone boutiques, lease departments in high-end department stores,... MORE

13.11.2020 | The Benefits of Strong Trademarks

The Benefits of Strong Trademarks A unique trademark is the strongest trademark and afford the trademark owner with the highest level of protection. Below are some of the reasons why having a strong trademark is so important: – (1) You have a better chance to approve your trademark application. The more common your trademark, the smaller the chance of obtaining approval; and the greater the chance of encountering similarity (or identical trademark) issues. As you can see, the more unique... MORE

15.10.2020 | Likelihood of Trademark Confusion in Hong Kong

Likelihood of Trademark Confusion in Hong Kong The following is a useful summary of the methods used in Hong Kong to assess the likelihood of trademark confusion: (A) All relevant factors must be considered globally to have the likelihood of confusion; (B) The matter must be judged through the eyes of ordinary consumers of the goods or services. These consumers are considered to be well-informed, prudent and observant people, but they rarely have the opportunity to compare between trademarks and... MORE

14.09.2020 | German Renowned Kitchen Furniture Manufacturer Successfully Shut Bad Faith Trademark Squatter in China

German Renowned Kitchen Furniture Manufacturer Successfully Shut Bad Faith Trademark Squatter in China By the early 2020, Beijing Higher People’s Court made a final judgement on a trademark dispute between the renowned German Kitchen Furniture Manufacturer, Germany-based Nobilia Werke J.Stickling Gmbh & Co.kg (“Nobilia”) and a Chinese individual namely “Duan” (“the Defendant”) and ordered that the bad faith Chinese trademark registration of the Defendant should be invalidated. (Nobilia’s Trademark) VS (The Disputed Trademark Registration) Nobilia owns its reputable international trademark... MORE

07.09.2020 | Weak Trademarks

Weak Trademarks Weak trademarks are normally rejected registration due to its non-distinctive nature. Examples of weak trademarks include, in particular:- (1) ordinary names for the goods or services (for example, “water guns” for “Toys”) (2) highly descriptive terms on the goods or services (for example, “Scent & Shine” for “Cosmetics”) (3) common terms used in the industry (for example, “cable” for “electricity products”) (4) laudatory word or slogans (for example, “Trust-worthy” or “the best broker of the world” for banking... MORE

10.08.2020 | China has introduced uniform law enforcement standards on Trademark Protection

China has introduced uniform law enforcement standards on Trademark Protection In order to implement the decision and deployment of the Chinese Central Committee and the State Council (“The SPC”) on strengthening the protection of intellectual property rights, strengthen the guidance of trademark enforcement, unify the enforcement standards, and strengthen the protection of trademark exclusive rights, the State Intellectual Property Office (“SIPO”) has recently issued the “Standards in Determining Trademark Infringement ” (hereinafter referred to as “The Standards”). After the reform... MORE

03.08.2020 | 2020 Special Task Force on Cracking down Online Copyright Infringement and Piracy in China

2020 Special Task Force on Cracking down Online Copyright Infringement and Piracy in China In June 2020, the Four administrative bodies of China, namely, the National Copyright Administration, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Internet Information Office have jointly launched a special task force, with code name “Sword Network 2020”, to combat online infringement and piracy . This effort signals the 16th nationwide ongoing special campaign against online infringement and piracy... MORE

27.07.2020 | The Internationally Praised Whisky, Chivas, has received favorable treatment for IPR protection in China

The Internationally Praised Whisky, Chivas, has received favorable treatment for IPR protection in China On April 25, 2020, China’s Supreme People’s Procuratorate issued a list of the top example cases in 2019 of criminal IP rights infringement. In respect of a criminal prosecution case in 2019 involving the internationally praised whisky, Chivas, the defendants sold counterfeit Chivas whiskies generating 17 million RMB in revenue, whereas the outstanding stocks of 1600 bottles of counterfeit whiskies were found in the warehouse. In... MORE

20.07.2020 | Trademarking in other countries

Trademarking in other countries Trademark registration is territorial. In other words, a trademark must be registered in each country where protection is sought. No one single trademark registration can cover all countries. Convention priority Within 6 months after the first filing of a trademark application in Hong Kong, which is a member of the Paris Convention, the applicant can file a follow-up trademark application in another member country of the Paris Convention and claim that the earlier application date be... MORE

13.07.2020 | BBC, the Greatest Broadcaster of the World, Sues Chinese Language Company for Trademark Infringement.

The British Broadcasting Corporation (BBC) is the oldest national broadcaster in the world, and the broadcaster with the largest number of employees in the world. It currently employs more than 22,000 employees. When part-time, flexible and fixed contract employees are also included, it employs a total number more than 35,000 employees. Recently, the Beijing Haidian District People’s Court of China (hereinafter “the Haidian Court”) handed down a first-instance judgment on the BBC suing Beijing iYuba Technology Co., Ltd. (iYuba Company)... MORE

Benny Kong & Tsai, Solicitors

Free eNewsletter Subscription


    Company Name

    Contact

    Email

    Free Trademark Webinar Invitation

    Language : Cantonese
    Time: 21 July 2021 (Wednesday) 3:30 pm - 4:30 pm
    Contact : (852) 3105 5100 / enquiry@bk.com.hk

      Application form
      Name

      Company Name

      Position

      Email

      Tel

      Number of participant(s)