Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Part b registration

Legal area

Court

25 Jan 2005

RE GUANGDONG FOODSTUFFS IMPORT AND EXPORT (GROUP) CORPORATION

Citation

RE GUANGDONG FOODSTUFFS IMPORT AND EXPORT (GROUP) CORPORATION
Court

Court of Appeal
Case number

CACV65/2004

The mark is an ordinary laudatory epithet and does not possess inherent distinctiveness under s10(2)(a); GDF's evidence of prior use was minimal and there were no 'other circumstances' to establish factual distinctiveness under s10(2)(b); accordingly the Court allowed the Registrar's appeal and refused the Part B registration for rice wines.
5 Jun 1979

RE BAUSCH AND LOMB INCORPORATED

Citation

RE BAUSCH AND LOMB INCORPORATED
Court

Court of First Instance
Case number

HCMP203/1979

The Registrar erred in treating phonetic equivalence as ipso facto unregistrable and in ignoring the applicant's two years' bona fide use and evidence of acquired distinctiveness; on the facts the mark 'SOFLENS' is capable of distinguishing the applicant's goods and registration must proceed subject to limiting the specification to soft contact lenses to avoid deception.