11 Aug 2022
樂氏同仁藥業科技集團有限公司 v. 中國北京同仁堂(集團)有限責任公司
- Citation
- [2022] HKCFI 2512
- Court
- Court of First Instance
- Case number
- HCIP63/2020
The court set aside the Hearing Officer's finding of bad faith in relation to the Words Mark due to insufficient and improperly impeached evidence and the absence of opportunity for cross-examination; on fresh consideration the Words Mark registration was refused for Classes 32, 33 and 41 for likelihood of confusion under s 12(3) but allowed for services in Class 36; the Hearing Officer's decision refusing the Logo Mark under s 12(3) was upheld because the marks are sufficiently similar and the goods/services identical or highly similar such that confusion is likely.