Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Proprietorship of trade mark

  • 8 Apr 1998

    RE LAM FAI YUEN t/a TUNG KWONG CO

    Citation
    RE LAM FAI YUEN t/a TUNG KWONG CO
    Court
    Court of First Instance
    Case number
    HCMP2167/1996

    Applicant's rectification application dismissed: applicant failed to discharge burden on proprietorship because marks were not shown to be virtually identical for a proprietorship challenge and evidence of reputation/use in Hong Kong at the material date was insufficient; on s.12(1) there was likewise insufficient reputation in Hong Kong to establish a likelihood of deception from the respondent's registered device.

  • 14 Jul 1989

    RE AMERICAN STANDARD INC

    Citation
    RE AMERICAN STANDARD INC
    Court
    Court of First Instance
    Case number
    HCMP1801/1985

    Because SWMC had registered the mark in the Philippines, had established sales and advertising in Hong Kong demonstrating acquired goodwill since August 1983 and was entitled to registration, the court declared SWMC the proprietor of 'Saniwares' under Application No.2541 of 1983; the claim for an injunction for passing-off failed because there was insufficient evidence that SWMC had acquired goodwill prior to ASI's alleged July 1983 use; and the court refused a second unnecessary declaration and held its declaration would not bind the Registrar.