2 Feb 2023
RE N.V. SUMATRA TOBACCO TRADING CO
- Citation
- [2023] HKCFI 285
- Court
- Court of First Instance
- Case number
- HCIP9/2020
The appeal is dismissed because the Hearing Officer's factual findings that the Subject Mark is visually, aurally and conceptually similar to the Opponent's earlier Double Happiness marks, that those marks enjoy at least enhanced distinctiveness through use, and that the Applicant acted with intention to cause confusing similarity (bad faith) are supported by the evidence and not plainly wrong; accordingly the opposition succeeds and the Subject Application must be refused.