Section 11(5)(b) of the Trade Marks Ordinance provides that a trademark shall not be registered if the application for registration of it is made in bad faith.
Section 11(5)(b) of the Trade Marks Ordinance (TMO) provides that a trademark shall not be registered if the application for registration of it is made in bad faith.
Recently, two trademark cases have been decided where each of the opponents successfully established bad faith.
The first case concerns a pending application for a device mark consisting of symmetrical patterns around the inner part of a circle and the letter ‘V’ at the centre. This mark was filed by a furniture company in Shantou City, Guangdong Province, China, while the opponent is Gianni Versace SpA of Italy. Based on the following observations, the hearing officer is satisfied that the Section 11(5)(b) objection is sustained.
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 achoudhury@worldipreview.com
Hong Kong, trademark registration, bad faith
