The latest intellectual property news and articles by Benny Kong & Tsai — trademark, patent, copyright, design and litigation practice, updated monthly. Subscribe to our newsletter.
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... Read more: Hong Kong : Nu Pharm Ltd v Champ Group Ltd & Ors [2021] HKCFI 751 – an illustration as…
China : Certificate for trademark registration in China in paper format will soon become history
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... Read more: Is Trademark Statement Not Dedicated in Taiwan?
Trademark Infrigement
Trademark Infrigement Taiwan is known as the “Treasure Island”, and many foreign companies want to take the lead and enjoy a place in the Taiwanese Market. If your business flourishes in Taiwan, you are more advantageous in developing new markets in other regions. However, it may be the case that just when you decided to enter the Taiwanese market, you find that your trademark has already been registered in Taiwan by others. Dealing with this problem is a very important... Read more: Trademark Infrigement
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... Read more: Hong Kong – The wellknown mineral water brand VITTEL cannot stop the registration of the mark VITEV
Enterprise trademark strategy
Enterprise trademark strategy Six points to note for formulating your trademark registration strategy! Enterprises must act in a timely manner when it comes to formulating yourn trademark registration strategies. Otherwise, you may end up paying a heavy price for it! As convoluting as it may seem, all you have to know for a successful registration strategy are as follows! First, the priority is to always go for your current business areas when you are selecting the classes of goods and... Read more: Enterprise trademark strategy
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.
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.
Why did the Intellectual Property Office say that my trademark cannot be registered in Taiwan?
Why did the Intellectual Property Office say that my trademark cannot be registered in Taiwan? Some customers may encounter a frustrating problem when they apply for trademarks on their own, that is, the notification by the Intellectual Property Office that they are not allowed to register the trademarks. However, what are the reasons for issuing such a notice? The high public awareness for protection of intellectual property rights creates an illusion that trademark application is a simple and easy process.... Read more: Why did the Intellectual Property Office say that my trademark cannot be registered in Taiwan?
