Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Registration procedure

Legal area

Court

23 Apr 2007

FAST FAIR LTD v. MIROGLIO S.p.A.

Citation

FAST FAIR LTD v. MIROGLIO S.p.A.
Court

Court of First Instance
Case number

HCMP124/2007

The acting Registrar correctly applied the Trade Marks Ordinance: unchallenged evidence established honest concurrent use by Miroglio from 1992 and therefore the second application was not an abuse of process; section 21 was inapplicable because only one application was before the Registrar; section 12(1) opposition was not pursued for lack of evidence; consequently the motion/appeal was dismissed with costs to the respondent.
19 Nov 1977

RE CHUNG FAI TRADING CO (a firm)

Citation

RE CHUNG FAI TRADING CO (a firm)
Court

Court of First Instance
Case number

HCMP715/1977

Section 22 does not confer original jurisdiction on the Court to permit registration; section 80 does not apply to section 22; the statutory scheme requires applicants to follow the Registrar's registration procedure and the Court may intervene in registration matters on appeal from the Registrar. Accordingly the Court had no jurisdiction to entertain the motion and it was dismissed with costs.