12 Feb 2004
RE GUANGDONG FOODSTUFFS IMPORT AND EXPORT (GROUP) CORPORATION
- Citation
- RE GUANGDONG FOODSTUFFS IMPORT AND EXPORT (GROUP) CORPORATION
- Court
- Court of First Instance
- Case number
- HCMP2598/2003
On the evidence GDF's pre-existing fields of activity included manufacture of both canned foods and Chinese rice wines and it had long used related Pearl River Bridge marks on both; this prior use and association render Chinese rice wines sufficiently closely allied to canned foods such that the subject mark, already registered and used for canned foods, is factually capable of distinguishing GDF's Chinese rice wines; accordingly the appellant's Part B registration succeeds but must be limited to Chinese rice wines and disclaimed as to the two Chinese characters individually.