11 May 2015
LIN HEUNG TEA HOUSE & BAKERY v. GUANGZHOU CATERING SERVICES ENTERPRISES GROUP CO LTD
- Citation
- LIN HEUNG TEA HOUSE & BAKERY v. GUANGZHOU CATERING SERVICES ENTERPRISES GROUP CO LTD
- Court
- Court of Appeal
- Case number
- CACV196/2013
The Court held that although the respondent's historical and packaged use of the suit mark amounted to honest concurrent use at stage one, on a fresh exercise of the stage two discretion the applicants' long‑standing and territorially specific goodwill in Hong Kong and the greater risk of unwarranted confusion/dilution outweighed the respondent's shorter and now discontinued local use; accordingly the respondent's registration was declared invalid under s53(5)(b) read with s12(5) TMO and the appeal was dismissed.