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11.11.2021 | Specification of goods or services

For registration of a trade mark, there must be a specification of goods or services intended to be registered by the registrant, which delimits the registrant’s rights. Therefore, when it comes to the question of where there is infringement of such rights, the specification also serves a signpost. To maximize the registrant’s ability to sue for infringement, it is advisable for the registrant to make the specification as wide as possible. Note however that there are certain limitations within which... MORE

22.10.2021 | Hong Kong : Nu Pharm Ltd v Champ Group Ltd & Ors [2021] HKCFI 751 – an illustration as…

Hong Kong : Nu Pharm Ltd v Champ Group Ltd & Ors [2021] HKCFI 751 – an illustration as to how disputes over discovery of unredacted documents may properly be resolved. Nu Pharm is famous for selling a variety of food supplements and nutritional products. They sued the Defendants for trademark infringement and passing off for supplying medicinal and health products under a similar trademark. The parties made interim applications for specific discovery. One of the issues that the Court... MORE

22.10.2021 | China : Certificate for trademark registration in China in paper format will soon become history

China : Certificate for trademark registration in China in paper format will soon become history China Trademark Office announced that trade mark registration certificates will no longer be issued in paper format starting 1 January 2022. Electronic registration certificates will take the footstep. They will be issued via the Trademark Office’s official website. Benny Kong & Tsai © 2021 2011 @right

22.10.2021 | Is Trademark Statement Not Dedicated in Taiwan?

When applying for a trademark, it is often proposed by the trademark agent that a disclaimer of certain parts of the trademark in order to avoid the possibility of future correction or the Intellectual Property Office’s request to submit a reply to review opinion, or even to disapprove; however, what exactly is the disclaimer? What words need to be declared? According to Article 29(3) of the Trademark Law, ” Where the reproduction of a trademark contains an element which is... MORE

28.09.2021 | Hong Kong – The wellknown mineral water brand VITTEL cannot stop the registration of the mark VITEV

Hong Kong – The wellknown mineral water brand VITTEL cannot stop the registration of the mark VITEV In an opposition, the trademark hearing officer held that the two marks are not confusingly similar though the goods under them respectively are same. The hearing officer further considered the goodwill of the VITTEL brand and confirmed that it is wellknown in Hong Kong. Having said that, the hearing officer held that despite the extent of goodwill enjoyed by VITTEL, in view of... MORE

25.08.2021 | Pccw-Hkt Datacom Services Ltd and Another v. Hong Kong Broadband Network Ltd

Pccw-Hkt Datacom Services Ltd and Another v. Hong Kong Broadband Network Ltd In this case, the issue of comparative advertising was considered. The decision essentially confirms that merely making fun of competitor’s goods or services does not necessarily amount to trademark infringement. Sarcasm is therefore safe.

25.08.2021 | Registered trademarks – use of ®

Registered trademarks – use of ® In our daily lives, we can often see many designs with “®”, “™” and “©” around them. Today, we are going to talk about these marks and how to use them. Once you have a basic understanding of trademarks, I believe you will find that the majority of products you contact with have similar marks on them. These marks represent various types of designs for easier identification. The following shows the description of these... MORE

25.08.2021 | Alibaba failed to register its invented online shopping festival as a registered trademark

Alibaba failed to register its invented online shopping festival as a registered trademark (Double 11 in Chinese) The Beijing IP Court finally confirmed the rejection of registration of the “Double 11” trademark filed by Alibaba in January 2019 for lack of distinctive features as the trademark could easily be understood by the public in China as representing November 11, the online shopping festival invented by Alibaba itself in 2009. Another global festival is the Valentine’s Day invented by Hallmark.

29.06.2021 | HONG KONG : New Doxxing offence

HONG KONG : New Doxxing offence After the government discussion paper to combat doxxing acts was published over a year ago, the Personal Data (Privacy) (Amendment) Bill 2021 was gazetted on 16 July 2021 and is expected to be enacted by end of 2021. The Bill provides new provisions to combat doxing acts by regulating them criminal offences though nowhere in the Bill have mentioned the word “doxxing”. The new provisions read as follows- “A person commits an offence if... MORE

24.06.2021 | Michelin Sues Hong Kong Company for Trademark Infringement

Michelin Sues Hong Kong Company for Trademark Infringement Michelin, the French-based Company behind the internationally-renowned restaurant ratings guide, namely “Compagnie Générale des Etablissements Michelin”, recently filed a law suit against a Hong Kong company operating business via an online platform, for trademark infringement and passing-off, seeking damages and injunctive relief. The French-based company is the owner of registered trademarks for various “Michelin” and “米芝蓮”(Chinese transliteration of “Michelin”) and related trademarks in Hong Kong. It has accused the Hong Kong company... MORE

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