Montres Tudor S.A. v. Concord Watch Co. S.A.

Montres Tudor S.A. v. Concord Watch Co. S.A.

The opponent failed to establish sufficient use and reputation among a substantial number of persons in Hong Kong (threshold not met); alternatively, even if threshold were met the applicant discharged the onus by showing the marks are not deceptively similar in appearance or sound, purchasers of expensive watches exercise care, and there is no reasonable likelihood of confusion or passing off; appeal dismissed and acting registrar's decision upheld.

Citation
Montres Tudor S.A. v. Concord Watch Co. S.A.
Parties
Appellant (opponent): Montres Tudor S.A.; Respondent (applicant): Concord Watch Co. S.A.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 July 2001
Case Number
HCMP5789/2000
Procedural Posture
Trade Mark Appeal Under Trade Marks Ordinance (cap. 43) / Rehearing in Court of First Instance; Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Registrability, Deceptive Similarity, Likelihood of Confusion, Onus of Proof, Use and Reputation
Source Language
EN
Intellectual Property Trade Mark Law Passing Off Civil Procedure Registrability Deceptive Similarity Likelihood of Confusion Onus of Proof +1 more

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Parties

Montres Tudor S.A.

Appellant (opponent)

Concord Watch Co. S.A.

Respondent (applicant)

Procedural Posture

Trade Mark Appeal Under Trade Marks Ordinance (cap. 43) / Rehearing in Court of First Instance; Judgment on Appeal

Legal Issues

  1. 1 Whether the suit mark is unregistrable under s.12(1) as likely to deceive or disentitled to protection
  2. 2 Whether the opponent established reputation and use among a substantial number of persons in Hong Kong (threshold onus)
  3. 3 Whether, if threshold met, the applicant discharged the onus of showing no reasonable likelihood of deception

Ratio Decidendi

The opponent failed to establish sufficient use and reputation among a substantial number of persons in Hong Kong (threshold not met); alternatively, even if threshold were met the applicant discharged the onus by showing the marks are not deceptively similar in appearance or sound, purchasers of expensive watches exercise care, and there is no reasonable likelihood of confusion or passing off; appeal dismissed and acting registrar's decision upheld.

Court Disposition

Appeal dismissed

Orders

  • Order nisi that the costs of the proceedings be paid by the opponent to the applicant, costs to be taxed and paid forthwith