Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Invalidity under section 53

Legal area

Court

29 Oct 2013

ARABELLA PTE LTD v. 茂廣記集團有限公司 AND ANOTHER

Citation

ARABELLA PTE LTD v. 茂廣記集團有限公司 AND ANOTHER
Court

Court of First Instance
Case number

HCMP1308/2013

The court found on the evidence that the 1st defendant's registered trade mark was both likely to deceive the public and that the application for registration was made in bad faith, and accordingly the registration is invalid under section 53 of the Trade Marks Ordinance, Cap 559.
28 Nov 2005

HAMMER CASTERS KABUSHIKI KAISHA v. YIP LING FOON

Citation

HAMMER CASTERS KABUSHIKI KAISHA v. YIP LING FOON
Court

Court of First Instance
Case number

HCMP2239/2005

Uncontested evidence established the applicant's long use and goodwill in the HAMMER mark; the respondent registered a confusingly similar mark while aware of that goodwill, demonstrating registration in bad faith and an intention to deceive; accordingly the registration was declared invalid and costs awarded to the applicant.