Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Ord. 3 r. 5 rules of the high court
  • 8 Jun 2000

    MOBIL PETROLEUM CO. INC. AND ANOTHER v. THE DIRECTOR OF INTELLECTUAL PROPERTY

    Citation
    MOBIL PETROLEUM CO. INC. AND ANOTHER v. THE DIRECTOR OF INTELLECTUAL PROPERTY
    Court
    Court of First Instance
    Case number
    HCAL19/2000

    The Registrar applied the incorrect legal principle by treating a satisfactory explanation for delay as a mandatory first hurdle under Rule 91; the correct approach is to consider all relevant circumstances (including explanation and prejudice) in exercising the wide discretionary power; accordingly the Registrar's decision was set aside and the matter remitted for reconsideration applying the correct principles.

    • Trade marks
    • Extension of time
    • Rule 91 trade marks rules
    • Ord. 3 r. 5 rules of the high court
    • Wednesbury unreasonableness
    • Certiorari