Region: Hong Kong

Intellectual Ventures’ China deal is representative of the shift taking place in the patent monetisation business

NOTE: This blog has been updated to include comments from IV's Peter Detkin. These were sent subsequent to publication and can be found at the end of the entry.Chinese president Xi Jinping arrived in the United States this week, with Seattle…

24 September 2015

Registry updates Work Manual on Absolute Grounds for Refusal

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.

08 April 2015

Bill proposes to update copyright regime

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.

03 September 2014

Application for 'Cool Fresh' in Class 3 refused on absolute grounds

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.

30 April 2014

Registrability requirements of movement marks and holograms clarified

A movement mark or hologram is registrable as a trademark in Hong Kong provided that it is a sign that is capable of distinguishing the goods or services of one undertaking from those of others, and can be represented graphically. The Hong Kong Trademarks Registry recently issued a note presenting its examination practice and clarifying the filing requirements for this special category of mark.

05 February 2014

Government consults on treatment of parodies

Altering existing photographs or film posters with pictures of political figure and rewriting the lyrics of existing songs have become two of the most popular ways for Hong Kong internet users to comment on current events. Parody has now become an issue for public consultation, and the government is seeking views on how the copyright regime should deal with parody appropriately.

11 September 2013

Changes in patent system announced

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.

12 June 2013

3D shape mark held to be indistinctive

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.

03 April 2013

Does internet use qualify as trademark use?

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.

17 October 2012

Do you PAYEASE?

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.

26 September 2012

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