RE CHOW CHUNG KAI

RE CHOW CHUNG KAI

The appeal succeeded in part: the Court found the Opponent's alternative pleaded case to restrict the specification justified amendment; the Applicant's specification was ordered narrowed to goods actually sold and described precisely, the Registrar's costs order was referred back to the Registrar for reconsideration, and the Applicant was ordered to pay the Opponent the costs of the Notice of Motion.

Citation
RE CHOW CHUNG KAI
Parties
Appellant: Chow Chung Kai; Respondent: Dynamic Software Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2005
Case Number
HCMP352/2005
Procedural Posture
Trade Mark Opposition Appeal / Appeal From Registrar's Decision
Outcome
Appeal allowed in part: specification amended; Registrar's costs order referred back; costs of Notice of Motion awarded to Opponent
Legal Topics
Registration of Trade Marks, Scope of Specification, Non Use, Exercise of Registrar Discretion Under S13(2), Costs
Source Language
EN
Trade Mark Law Intellectual Property Civil Procedure Registration of Trade Marks Scope of Specification Non Use Exercise of Registrar Discretion Under S13(2) Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Chow Chung Kai

Appellant

Dynamic Software Development Limited

Respondent

Procedural Posture

Trade Mark Opposition Appeal / Appeal From Registrar's Decision

Legal Issues

  1. 1 Whether the Opponent had prior reputation or goodwill under section 12(1) of the Trade Marks Ordinance
  2. 2 Whether the Registrar properly exercised discretion under section 13(2) to accept the application without limitation
  3. 3 Whether the specification for computer software was unreasonably wide and should be restricted to goods actually traded by the Applicant

Ratio Decidendi

The appeal succeeded in part: the Court found the Opponent's alternative pleaded case to restrict the specification justified amendment; the Applicant's specification was ordered narrowed to goods actually sold and described precisely, the Registrar's costs order was referred back to the Registrar for reconsideration, and the Applicant was ordered to pay the Opponent the costs of the Notice of Motion.

Court Disposition

Appeal allowed in part: specification amended; Registrar's costs order referred back; costs of Notice of Motion awarded to Opponent

Orders

  • Amend the specification to: "Data processing equipment and computers, computer hardware, computer software and computer programs for the purposes of business and office administration, accounting, logistics, points of sale, enterprise resource planning, payroll and capable of operating in one or more languages all...
  • Refer the Registrar's costs order back to the Registrar for reconsideration