6 Apr 2022
RE AN APPLICATION BY CYBEX GMBH
- Citation
- [2022] HKCFI 972
- Court
- Court of First Instance
- Case number
- HCMP172/2020
The Non-use Application under s52(2)(a) is allowed because Syto/Charmie failed to prove genuine use of the Suit Mark in Hong Kong from 17 January 2017 to 16 January 2020 and the court found non-use commenced 13 December 2014; the appeal against the Registrar is dismissed because the Hearing Officer was entitled to find on the balance of probabilities that the Dickinson Group had authorization/consent from Cybex for the 2011 registration and therefore there was no bad faith, and s53(6) precludes invalidation on the copyright ground once consent is established.