Comparison of marks in Hong Kong

01-10-2012

Kenny Leung

Section 12 of the Trade Marks Ordinance sets out the relative grounds for refusal of registration of a mark in Hong Kong.

Section 12 of the Trade Marks Ordinance sets out the relative grounds for refusal of registration of a mark in Hong Kong. Objections under Section 12(3) of this ordinance are commonly raised either in the trademark examination stage or in opposition proceedings.

Section 12(3) of the Trade Marks Ordinance provides that: “A trade mark shall not be registered if:

  • The trade mark is similar to an earlier trade mark;
     
  • The goods or services for which the application for registration is made are identical or similar to those for which the earlier trade mark is protected; and
     
  • The use of the trade mark in relation to those goods or services is likely to cause confusion on the part of the public.”

The trademark opposition decision for the applied-for mark ‘J.Estina & Crown Device’ in Class 14 is concerned with an objection under Section 12(3). In this case, the opposed mark is applied to “watches and clocks, wristwatches, electric watches, desk clocks, alarm clocks; precious metals and their alloys and goods in precious metals or coats therewith, medals and brooches; jewellery, necklaces, rings, bracelets, earrings”.


Trade Marks Ordinance, Festina Lotus, Section 12, jewellery, confusion

WIPR