Search results - found 50
Registrar finds TOMBOY mark descriptive and indistinctive (International reports)
The registrar of trademarks recently refused an application to register the word mark TOMBOY in respect of clothing, footwear and headgear in Class 25 of the Nice Classification on the grounds that the mark consists exclusively of a sign which designates the characteristics of the goods applied for and is devoid of distinctive character.
Back2Life mark fails distinctiveness test (International reports)
The trademark registrar has refused an application by Back In Five, LLC to register the mark “Back2Life” for a “device for preventing or relieving pain in the lower back, namely, equipment for movement and stretching of the lower back for medical and/or therapeutic purposes” in Class 10 for being devoid of distinctive character.
Registrar reclassifies goods following Nice changes (International reports)
The 10th Edition of the Nice International Classification of Goods and Services came into force on 1st January 2012. The revisions and changes made by the new edition will affect the Trademarks Registry's cross-search list of identical or similar earlier registered trademarks and applications, used in the examination of new applications for registration in certain classes.
New criminal offence regarding certain types of printed work (International reports)
Further provisions of the Copyright (Amendment) Ordinance 2007 recently came into force. They lay down a new business end-user criminal offence of regularly distributing or making with a view to distributing infringing copies of printed books, newspapers, magazines and periodicals which results in financial loss for the relevant copyright owners.
Does internet use qualify as trademark use? (International reports)
The Trademarks Registry has issued a decision relating to revocation of the trademark WAVERLEY in Class 24 on the grounds of non-use. In the decision the registrar considered whether the online promotion of the owner’s products on its own website and other independent websites where the trademark appeared qualified as genuine use under the Trademarks Ordinance.
Further measures to combat copyright infringement (International reports)
Following the latest revisions in April 2008, further provisions of the Copyright Amendment Ordinance 2007 came into operation on 11th July 2008. One key provision imposes criminal liability on those responsible for the internal management of an organisation for offences committed by that organisation in relation to knowingly possessing an infringing copy of a work.
No confusion as to origin between marks owned by Hugo Boss and Suntory (International reports)
The registrar of trademarks recently rejected the oppositions filed by Hugo Boss AG against two applications by Suntory Kabushiki Kaisha to register the mark BOSS in respect of Classes 29 and 30. Although Suntory’s mark was found to be similar to those owned by Hugo Boss, the registrar held that no risk of confusion existed.
RICE PAPER too descriptive for paper-related and food products (International reports)
The registrar of trademarks has refused an application to register the word mark RICE PAPER in a number of classes due to its descriptiveness and lack of distinctive character. The registrar held that the mark had failed to acquire enough distinctiveness to be identified by the relevant consumers as an indication of origin.
Ordinance ushers in compulsory licences for generic medicines (International reports)
The Hong Kong government has passed the Patents (Amendment) Ordinance 2007, which implements a protocol to amend the Agreement on Trade-Related Aspects of Intellectual Property Rights. The ordinance allows Hong Kong to import and export generic medicines under the protocol in limited circumstances.
No registration for Zeta-Jones trademark (International reports)
The registrar of trademarks has rejected Cariad Properties Limited's application to register 'Catherine Zeta-Jones' in Class 41 (entertainment services). The registrar held that the mark consisted exclusively of a sign that designated the characteristics of the services applied for and was devoid of any distinctive character.
New companies bill benefits trademark owners (International reports)
In order to address concerns raised by trademark owners regarding the problem of "shadow companies" in Hong Kong, the new Companies (Amendment) Bill 2010 considers, among other things, certain changes to the company name registration system with a view to enhancing enforcement against possible abuses by shadow companies.
3D shape mark held to be indistinctive (International reports)
An application to register a three-dimensional shape mark for medical devices in Class 10 has been refused for being devoid of distinctive character. According to the principles of distinctiveness, in order to be distinctive enough for registration, a mark must offer a guarantee that the medical devices bearing the mark or the shape of the mark come from one specific undertaking.
Court issues Norwich Pharmacal order against website-hosting service provider (International reports)
The Hong Kong High Court has granted Norwich Pharmacal relief to three North American satellite broadcasters to disclose owners of certain websites providing hardware and software that allows the descrambling of the broadcasters' encryption technology.
Second sweep of revisions cracks down on anti-circumvention technology (International reports)
Some further provisions of the Copyright (Amendment) Ordinance 2007 have now come into effect. The new changes extend the scope of rental and perfomers’ rights. They also impose both civil and criminal liabilities on anyone dealing in devices specifically designed to circumvent anti-copying technology.
Registrar finds no distinctive charge in battery colours (International reports)
The registrar of trademarks has refused Gillette’s application for a two-dimensional representation of a battery device in copper and black. The registrar found that the mark consisted exclusively of a sign that designated the characteristics of the goods applied for and was devoid of distinctive character.
Registrar declares shoe device unregistrable for footwear (International reports)
The registrar of trademarks has refused an application to register a device mark in respect of "shoes, boots etc" in Class 25 on the basis that the mark is devoid of distinctive character and consists exclusively of a sign which designates the characteristics of the goods applied for.
Bill proposes to update copyright regime (International reports)
The Hong Kong government recently introduced the Copyright (Amendment) Bill 2014 into the Legislative Council for its first and second readings. The bill combines new proposals formulated following earlier public consultation on the treatment of parody and legislative proposals under the former Copyright Bill 2011.
"iFood" denied registration for health and nutrition-related products (International reports)
Following a hearing in September 2010, the Hong Kong registrar of trademarks refused registration of a series mark for "iFood" and "IFOOD" filed in relation to "health food products, dietary supplements, nutritional drinks and beverages" and food and drink of similar nature in Classes 5, 29, 30 and 32 on absolute grounds.
Survey findings on public awareness of IP rights protection (International reports)
The Intellectual Property Department of Hong Kong recently commissioned a survey on public awareness of IP rights protection. The findings reflected that the majority of the public considered it necessary to protect IP rights in Hong Kong, and that such protection would be helpful to the development of local creative industries and Hong Kong’s economy.
Refined proposals on copyright protection in the digital environment (International reports)
Taking into account the views received on the preliminary proposals published last year and the latest developments overseas, the government recently refined its proposals to enhance copyright protection in the digital environment. The proposals attempt to strike a balance between the interests of copyright owners, internet service providers and users.
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