Search results - found 50
SHARPVIEW refused registration under law of passing off (International reports)
Sharp Corporation of Japan recently successfully opposed the SHARPVIEW (figurative) trademark applied by an individual to, among other things, computer monitors, CCTV surveillance systems and colour surveillance cameras in Class 9.
MARLBORO LIGHTS mark not liable to mislead public (International reports)
In a recent decision the Trademark Registry of Hong Kong upheld registration of the MARLBORO LIGHTS trademark in respect of cigarettes in Class 34. The registrar was unable to reach the conclusion that the subject mark was misleading to the public as to the quality of the cigarettes sold at the material date based on the limited evidence submitted by the applicant.
Changes in patent system announced (International reports)
The government recently announced that it has accepted the recommendations put forward by the Advisory Committee appointed to consider how Hong Kong should position its patent system in future and how best to implement any changes to that system in light of what the government decides.
Consultation launched on further exemptions for circumventing TPMs (International reports)
The Hong Kong government has launched a consultation paper seeking views from interested parties on exemptions that would allow users to circumvent technological protection measures. The Copyright (Amendment) Ordinance 2007 prohibits circumvention, except in limited circumstances. However, there are concerns that this might restrict legitimate activities.
Government moves to strengthen copyright protection in the digital environment (International reports)
The government has sought public opinion on preliminary proposals to strengthen copyright protection in the digital environment. The proposals include providing a new exemption for temporary reproductions of copyrighted works by online service providers where technically necessary, and drawing up a compliance code of practice for online service providers.
Application for 'Cool Fresh' in Class 3 refused on absolute grounds (International reports)
The trademarks registrar has refused an application by Unilever NV to register 'Cool Fresh' as a trademark in respect of goods in Class 3 including “soaps; perfumery; shaving foam; preparations for the bath and shower etc". The applied-for mark failed to distinguish the trade origin of the goods.
Review of the patent system (International reports)
Under the existing patent regime, two types of patent are granted: standard patents and short-term patents. As this system has been in place for more than 10 years, the government has carried out a public consultation seeking views on a review of the patent system.
Coalition forces postponement of controversial copyright bill (International reports)
The second reading of the Copyright (Amendment) Bill 2011 has been postponed following the submission of nearly 1,400 amendments to the bill by a political coalition. The public supports a full exemption for derivative works, while the government believes that, in general, a parody does not substitute the original work and thus causes no economic prejudice to the owner. How a balance will be struck remains to be seen.
Dunhill claims victory over imitated mark (International reports)
The registrar of trademarks has declared invalid a registration for the trademark DEERLU obtained by French Dunhill, as it created an overall impression that was very similar to that of the trademark DUNHILL, owned by Alfred Dunhill Limited, and would lead to customer confusion.
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.
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