Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Three-dimensional marks

Legal area

Court

4 Dec 2008

SONY COMPUTER ENTERTAINMENT INC v. REGISTRAR OF TRADE MARKS

Citation

SONY COMPUTER ENTERTAINMENT INC v. REGISTRAR OF TRADE MARKS
Court

Court of Appeal
Case number

CACV167/2007

The hearing officer correctly found that the applied-for three-dimensional marks were not inherently distinctive and no evidence of acquired distinctiveness was shown; accordingly the marks were unregistrable under sections 9(1)(e) and 10(1) of the Ordinance and the appeals are dismissed; it was unnecessary to consider section 12(3)(b).
4 Dec 2008

SONY COMPUTER ENTERTAINMENT INC v. REGISTRAR OF TRADE MARKS

Citation

SONY COMPUTER ENTERTAINMENT INC v. REGISTRAR OF TRADE MARKS
Court

Court of Appeal
Case number

CACV168/2007

The appeals were dismissed because the applicant failed to prove inherent or acquired distinctiveness for the applied-for three-dimensional marks; the hearing officer correctly applied ss 9 and 10 of the Ordinance and the burden of proof rests on the applicant, so registration was properly refused and no further consideration of section 12 was necessary.