Mar 2, 2020 | Amendment of Trademark applications and Registrations in Hong Kong
Amendment of Trademark applications Soon after submitting an application for trademark registration, the representation of the trademark and its particular information are entered into the official database and can be searched online. It is crucial for the applicant to accurately list out what are applying for in the application form so that the data can then be accurately entered into the database. Amendments are only allowed in very limited circumstances. The idea is that, from the date when the application... MORE
Feb 24, 2020 | Can Public Area Within The Building Be Possessed By Adverse Possession?
Hong Kong’s land is expensive and the residential area is not big enough. Sometimes, the resident will occupy other places. This practice is common. These cases are everywhere when it comes to old multi-storey residential building. For example, a minor situation will be the owner put their shoes or other stuff in front of their own units for a long time. While for a severe case, the public corridor in front of their units will be barred by some owners... MORE
Feb 17, 2020 | The Burden of Proof of Adverse Possession
A claim of adverse possession can be very severe as it requires the court to transfer the ownership of the land from the original registered owner to the occupier after a long period of occupation. Since the claim will cause the loss of land ownership, the court will treat the claim in a serious manner. Despite the original owner shows no response or objection, the court requires a very high burden of proof to decide the subject matter. One crucial... MORE
Jan 19, 2020 | Taiwan : Voluntary amendments of trademark applications/registrations
Voluntary amendments of trademark applications/registrations In Taiwan, applicants must provide very accurate and precise details when filing a trademark application, including the colour of the trademark, the product items, the applicant and the representation etc. The main reason behind is that the colour of the trademark and the product items are not open to amendment after filing the application. This is to maintain the fairness of the market. If everyone is allowed to amendment the content of the trademark after... MORE
Nov 28, 2019 | China : Distinctions between registration of black and white trademark, and colour trademark
Distinctions between registration of black and white trademark, and colour trademark Many companies add colours to the design when registering trademark. Companies which make trademark application for the first time may be even more concerned about the problem with the colouring of trademark. “What colour should we use for the trademark?” I, as the editor, feel their anxiety when they are struggling with the problem of colouring of the trademark. Today, let’s talk about the issue – whether it is... MORE
Sep 30, 2019 | PRC Trademark Opposition Procedures
How a PRC trademark opposition is commenced Oppositions should be filed within 3 months from the date of publication in the Chinese Trademark Gazette (if an application is published on 13 March, the deadline to oppose will fall on 13 June). The deadline is non-extendable. Typical steps in PRC trademark opposition A Notice of Opposition with the Opposition Grounds and evidence of opposition must be filed within 3 months of the Gazette After the opposition is admitted, the Opponent may... MORE
Aug 30, 2019 | The Trademark Classification System
The Trademark Classification System Before registering a trademark, you must first define the goods and/or services that will be used for the trademark. Your application must include a list of all goods and services that you want to use to register your trademark. You must list the products and services in the category to which they belong. It should also state the number of classes to which it belongs. The 11th edition of the World Intellectual Property Organization (WIPO) Nice... MORE
Jul 30, 2019 | SKECHERS succeed trademark infringement in China
SKECHERS succeed trademark infringement in China The internationally renowned footwear company, Skechers USA Inc. (Skechers), has won landmark trademark infringement in China in 2018. Skechers has registered, inter alia, a series of “S” device trademarks under Class 25 in China. Besides trademark registrations, Skechers has enjoyed substantial reputation and popularity globally in respect of its “D’Lites” series shoes, including but not limited to China. In late 2015, Skechers has discovered two Chinese footwear companies, namely Spieth & Wensky Sporting Goods... MORE
Jun 30, 2019 | Appeal against the decision of Trademarks Registry
Appeal against the decision of Trademarks Registry Appealable decisions Any registrar’s decision or order made under the Trade Marks Ordinance may be appealed to the High Court. The specific definition of “decision” includes any act done by the Registrar in the exercise of this Ordinance or the discretion granted to him under this Ordinance. This actually means that any challenge to the registrar’s decision or order, whether based on statutory terms or in the exercise of discretion, shall be appealed... MORE
May 28, 2019 | Color Marks
Color Marks Theoretically, a mark consisting of a single color, or a combination of colors, is registrable as a trademark provided that it has satisfied the required capacity to distinguish one source of origin from the others. However, in practice, a single color, or a combination of colors normally lacks the capacity to distinguish one undertaking from another because consumers are not accustomed to assume the origin of goods/services on their color or the color of their packaging in the... MORE
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