8 Jan 2002
CHI WING AND ANOTHER v. BENSUNVILLE LTD.
- Citation
- CHI WING AND ANOTHER v. BENSUNVILLE LTD.
- Court
- Court of First Instance
- Case number
- HCMP2026/1998
Applicants had locus as persons aggrieved; the first registrant admitted and the evidence showed she copied the 3-legged cauldron from the true proprietor, so the original registration was obtained by fraud and made without sufficient cause; the mark also wrongly remained on the register because it misled the public as to origin; post-registration distinctiveness is not relevant to proprietorship at application date; consequently the register must be rectified and the whole entry expunged; the Court may act on its own motion to purify the register where warranted.