6 Apr 2022
CYBEX GmbH v. SYTO CONSULTANTS AND INVESTMENT LTD
- Citation
- [2022] HKCFI 972
- Court
- Court of First Instance
- Case number
- HCMP75/2020
The Non-use Application succeeds because Syto failed to prove genuine use of the registered device mark in Hong Kong after 12 December 2014 and the period of non-use is fixed as commencing 13 December 2014; the Appeal against the Registrar's refusal to invalidate the registration is dismissed because the Hearing Officer was entitled to find on the balance of probabilities that the Dickinson Group had authorization/consent from Cybex for the 2011 filings and s53(6) precludes invalidation on the copyright/earlier-rights ground; bad faith was not established.