22 Aug 2024 | Eleven Principles to Determine Whether a “Trade Mark Application” is Similar to an “Earlier Trade Mark”

1 According to Section 12(3) of the Trade Marks Ordinance (Cap. 559), the Intellectual Property Department will refuse a trade mark application if there is an “earlier trade mark” under the same class of goods and that the “trade mark application” and the “earlier trade mark” are likely to cause confusion on the part of the public. 2 In the opposition proceedings, the above “elements of similarity” and “elements of public confusion” are most disputed by both parties (i.e., the... MORE