ARABELLA PTE LTD v. 茂廣記集團有限公司 AND ANOTHER

ARABELLA PTE LTD v. 茂廣記集團有限公司 AND ANOTHER

The court found on the evidence that the 1st defendant's registered trade mark was both likely to deceive the public and that the application for registration was made in bad faith, and accordingly the registration is invalid under section 53 of the Trade Marks Ordinance, Cap 559.

Citation
ARABELLA PTE LTD v. 茂廣記集團有限公司 AND ANOTHER
Parties
Plaintiff: ARABELLA PTE LTD; 1st Defendant: 茂廣記集團有限公司; 2nd Defendant: REGISTRAR OF COMPANIES
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 October 2013
Case Number
HCMP1308/2013
Procedural Posture
Trade Mark Invalidation Under the Trade Marks Ordinance / Judgment
Outcome
Declaration that Hong Kong Trade Mark Registration No 300099162 in stylised form in Class 18 is invalid pursuant to section 53 of the Trade Marks Ordinance, Cap 559
Legal Topics
Invalidity Under Section 53, Absolute Grounds for Refusal (section 11), Bad Faith, Likelihood of Deception, Joinder of Registrar of Companies
Source Language
EN
Trade Mark Law Intellectual Property Company Law (bona Vacantia) Invalidity Under Section 53 Absolute Grounds for Refusal (section 11) Bad Faith Likelihood of Deception Joinder of Registrar of Companies

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Parties

ARABELLA PTE LTD

Plaintiff

茂廣記集團有限公司

1st Defendant

REGISTRAR OF COMPANIES

2nd Defendant

Procedural Posture

Trade Mark Invalidation Under the Trade Marks Ordinance / Judgment

Legal Issues

  1. 1 Whether Hong Kong Trade Mark Registration No 300099162 is invalid under section 53 of the Trade Marks Ordinance
  2. 2 Whether the mark was registered in contravention of section 11(4)(b) as likely to deceive the public
  3. 3 Whether the application for registration was made in bad faith contrary to section 11(5)(b)

Ratio Decidendi

The court found on the evidence that the 1st defendant's registered trade mark was both likely to deceive the public and that the application for registration was made in bad faith, and accordingly the registration is invalid under section 53 of the Trade Marks Ordinance, Cap 559.

Court Disposition

Declaration that Hong Kong Trade Mark Registration No 300099162 in stylised form in Class 18 is invalid pursuant to section 53 of the Trade Marks Ordinance, Cap 559

Orders

  • Declaration that Hong Kong Trade Mark Registration No 300099162 in the stylised form in Class 18 is invalid pursuant to section 53 of the Trade Marks Ordinance, Cap 559
  • No order as to costs against the Registrar of Trade Marks and the Registrar of Companies