Search results - found 50
Do you PAYEASE? (International reports)
Following a registrability hearing, the Hong Kong trademarks registrar recently refused registration of the trademark PAYEASE for certain services in Classes 36 and 38. The registrar held that the mark was indistinct and consisted exclusively of a sign that designated the kind, quality, intended purpose or other characteristics of the services applied for.
New offence under the Trade Descriptions Ordinance (International reports)
The Trade Descriptions (Amendment) Ordinance 2008, which was published in the Government Gazette on 27th June 2008 but has yet to come into force, introduces a new offence of false or misleading representation in regard to a seller’s connection with another party, which is akin to statutory passing off.
MTV trademark fails registrability test (International reports)
The registrar of trademarks has rejected an application by Viacom International Inc to register the mark MTV in respect of a variety of services. Although the registration was accepted for certain services in Classes 38 and 41, for other services the registrar considered that it did not enable the relevant consumers to distinguish Viacom's services from those provided by other undertakings.
Companies (Amendment) Ordinance targets shadow companies (International reports)
Several parts of the Companies (Amendment) Ordinance 2010 are now in operation. Part 3 of the ordinance concerns company names and is targeted at strengthening the power of the companies registrar to tackle the problem of shadow companies within the company registration process.
NAKED mark not registrable for condoms (International reports)
The trademarks registrar has rejected an application to register the mark NAKED for condoms on the grounds that the mark was descriptive and devoid of any distinctive character. The registrar considered that consumers would perceive the mark as describing a characteristic of the goods rather than as a badge of origin.
Increased awareness of IP rights protection (International reports)
The 2008 annual survey on public awareness of IP rights protection has revealed increased awareness of IP rights among the Hong Kong people. Over 50% of respondents considered that the measures imposed by the government during the last two years have helped to protect against IP rights infringement.
Hong Kong opens consultation on copyright tribunal rules (International reports)
The government has launched a public consultation on the drafting approach and direction for the new Copyright Tribunal rules. The new rules are intended to provide flexible, convenient and cost-effective proceedings consistent with contemporary dispute resolution practice.
New Copyright (Amendment) Bill 2009 (International reports)
Section 119B(1) of the Copyright Ordinance 2007, which is not yet in force, creates a new criminal offence applicable to four types of printed work. However, the new Copyright (Amendment) Bill 2009 sets down certain circumstances in which Section 119B(1) does not apply.
Opposition to registration of SWISSBERNARD mark (International reports)
The Federation of the Swiss Watch Industry FH recently failed in its opposition to the registration of the SWISSBERNARD mark by Ayoub in Class 14 for “horological and chronometric instruments”.
Registry updates Work Manual on Absolute Grounds for Refusal (International reports)
The Hong Kong Trademarks Registry has updated the Work Manual on Absolute Grounds in relation to objections based on bad faith. The changes provide that where the circumstances of the application give rise to a reasonable suspicion of the applicant’s entitlement to the mark or the honesty of its intention, examiners now have a duty to raise an objection based on bad faith.
WONDERFUL held to be laudatory (International reports)
The trademark registrar has refused an application for registration of the mark WONDERFUL by Paramount International IP Holding Company for “processed nuts” in Class 29 for being descriptive and devoid of distinctive character. From the perspective of relevant consumers, the overall impression of the mark was of a laudatory and descriptive word describing the quality of the processed nuts.
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.
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