The provisions under Section 11(1)(b) and (c) of the Trade Marks Ordinance are the two common grounds for absolute refusal of registration of a trademark in Hong Kong.
Section 11(1)(b) of the TMO precludes from registration trademarks that are devoid of any distinctive character, whereas Section 11(1)(c) precludes from registration trademarks that consist exclusively of signs that are descriptive of the goods or services in respect of which registration is sought, or some characteristics of them.
Two cases have been decided recently on the issue of trademark registrability under these two absolute grounds for refusal. The first one concerns the mark ‘reverse’ in respect of backpacks, sports bags and handbags in Class 18.
In her statement of reasons for the decision, dated February 29, 2012, Janette Sham, the hearing officer, did not accord with the submissions made by the representative of the applicant that:
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at firstname.lastname@example.org
TMO, Mark registration, Clothing, Reverse, characteristic word