Latest Posts

25.05.2021 | Hong Kong : Court refused to allow Appellant to adduce new evidence on appeal after having lost the trademark opposition

The trademark laws in Hong Kong provide that the court shall have power to receive further evidence on questions of fact, and the evidence may be given in such manner as the court may direct. The following factors are relevant when determining whether to admit new evidence on appeal: (a) Whether the evidence could have been filed earlier and if so, how much earlier; (b) If it could have been, what explanation for the late filing has been offered to... MORE

25.05.2021 | Regarding Changes to Registered Trademark

According to practical experiences, there will always be relevant degree of layout and planning within the anticipated period of trademark application. Notwithstanding, as an old time saying of the Chinese goes: “Planning is always playing a perpetual game of catch up with changes”. As a result, the Taiwan Intellectual Property Office proposed corresponding procedures that targets some unpreventable matters, as well as matters that must be changed. Through these proposed corresponding procedures, it wishes to make certain trademark registrants receive... MORE

14.04.2021 | Procedure and Evidence Requirements for Trademark Cancellation in Non-Use Areas

Procedure and Evidence Requirements for Trademark Cancellation in Non-Use Areas Cancellation is a request to cancel all or part of the registered trademark. The reasons for cancellation due to non-use are as follows: – The trademark is not actually used in Hong Kong by the owner for its registered goods or services, or with his consent, it has not been used for more than three consecutive years without reasonable reasons (such as import restrictions on goods or services protected by... MORE

15.03.2021 | 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

01.03.2021 | China : Shanghai court awarded New Balance damages for over US$ 4 million in trademark infringement claims

A Shanghai court has recently awarded New Balance damages for RMB 25 million, over US$ 4 million, which is the highest amount of damages ever awarded by the China courts in favour of a foreign brand for trademark infringement and unfair competition. This is good news to foreign trademark owners, and also a perfect timing in response to the US government under the new President that China is taking a more serious stance against intellectual property copycats. In the past,... MORE

01.03.2021 | Hong Kong : A new direction to penalize China copycats in Hong Kong – criminal offence of money laundering

Hong Kong : A new direction to penalize China copycats in Hong Kong – criminal offence of money laundering Hong Kong Customs has recently laid criminal charges against China suppliers exporting counterfeits for the generally called “money laundering” offences. It shall involve two important elements to entitle the Hong Kong Customs to prosecute the offenders. 1. A bank account in Hong Kong which received the sale proceeds of the counterfeits from overseas buyers. 2. Conviction of a buyer in overseas... MORE

24.02.2021 | China : Distinctions between trademark opposition and declaration of invalidation

Distinctions between trademark opposition and declaration of invalidation In the course of business of companies, they may face trademark opposition and trademark invalidation. So, what is the distinctions between trademark opposition and invalidation? What are their respective examination subjects and standards of examination? This article will provide comparisons to explain about the two major procedures of the trademark legal practice. 1. Legal basis According to Article 33 of Trademark Law of PRC: If a holder of prior rights or an... MORE

24.02.2021 | Taiwan : Do you need a patent, trademark, or copyright?

Do you need a patent, trademark, or copyright? The intellectual property rights have become the mainstream trend in the world which is full of intangible assets. However, the most noticeable things are patents, trademarks and copyrights. In a daily life, we often see the term “infringement” on TV, and the party who infringes the rights is required to pay a large amount of compensation. By view of this point, are intellectual property rights very important to you? I think the... MORE

16.02.2021 | Registered trademarks-use of ® symbol in Hong Kong

Registered trademarks-use of ® symbol in Hong Kong Registrable trademark A trademark must have some uniqueness to distinguish the goods/services sold under the trademark from other goods/services. It is difficult to register trademarks that describe your goods (such as telephones) and services (such as telephone operators). This is by no means a sign that other traders may wish to use to promote or describe their goods and services, nor should they mislead the public about the nature of your goods... MORE

11.01.2021 | Do you need to register your trademark?

What is a trademark? A trademark is a sign that distinguishes the goods and services of a merchant from those of other merchants. Generally, trademarks can be words (including personal names), descriptions, designs, letters, characters, numbers, graphic elements, colors, sounds, smells, product shapes or their packaging or any combination of them. In order to be able to register it as a registered trademark, the symbol must be displayed graphically. Why register a trademark? Registering your trademark means that you have... MORE

Benny Kong & Tsai, Solicitors

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