RE YOSHIDA & CO LTD

RE YOSHIDA & CO LTD

Service of a High Court notice on a Hong Kong address for service filed in the Trade Marks Registry was invalid because the Trade Marks Rules governing forms and address-for-service (Part 16) apply to Registrar proceedings only and do not displace the High Court Rules; therefore High Court service must comply with...

Source-derived case information.

Citation
RE YOSHIDA & CO LTD
Parties
Applicant: YOSHIDA & CO. LTD; Respondent: PORTER INTERNATIONAL CO. LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 December 2003
Case Number
HCMP4779/2003
Procedural Posture
Declaration of Invalidity Under Trade Marks Ordinance (cap.559) S.53 / Interlocutory — Challenge to Service; Order Nisi Made
Outcome
Service on Messrs Cheung & Choy set aside; Order Nisi for costs in favour of Messrs Cheung & Choy; Notice remains extant and Applicant may pursue appropriate steps under High Court Rules.
Legal Topics
Service of Process, Jurisdiction, Registrar Vs Court Procedure, Address for Service, Leave to Serve Outside Jurisdiction
Source Language
en
Trade Marks Intellectual Property Civil Procedure Service of Process Jurisdiction Registrar Vs Court Procedure Address for Service Leave to Serve Outside Jurisdiction

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Parties

YOSHIDA & CO. LTD

Applicant

PORTER INTERNATIONAL CO. LTD

Respondent

Procedural Posture

Declaration of Invalidity Under Trade Marks Ordinance (cap.559) S.53 / Interlocutory — Challenge to Service; Order Nisi Made

Legal Issues

  1. 1 Whether service of a High Court originating motion/Notice on Hong Kong agents listed as address for service in the Trade Marks Registry constitutes valid service on a trade mark owner outside Hong Kong
  2. 2 Whether Trade Marks Rules Part 16 (forms and address for service) applies to proceedings in the High Court or only to proceedings before the Registrar
  3. 3 Whether RHC Order 100, Rule 2(2) (applicable to old TMO) applies by analogy to proceedings under the new TMO

Ratio Decidendi

Service of a High Court notice on a Hong Kong address for service filed in the Trade Marks Registry was invalid because the Trade Marks Rules governing forms and address-for-service (Part 16) apply to Registrar proceedings only and do not displace the High Court Rules; therefore High Court service must comply with the High Court Rules (including leave to serve out when appropriate) and the service on the Solicitors was set aside.

Court Disposition

Service on Messrs Cheung & Choy set aside; Order Nisi for costs in favour of Messrs Cheung & Choy; Notice remains extant and Applicant may pursue appropriate steps under High Court Rules.

Orders

  • Service of the Notice on Messrs Cheung & Choy set aside
  • Order Nisi that Messrs Cheung & Choy have their costs of the hearing before the Court to be taxed if not agreed