Journal Article

Hong Kong follows ECJ's ‘genuine trade mark use’ approach

Deanna Wong

in Journal of Intellectual Property Law & Practice

Volume 1, issue 12, pages 753-755
Published in print November 2006 | ISSN: 1747-1532
Published online October 2006 | e-ISSN: 1747-1540 | DOI:
Hong Kong follows ECJ's ‘genuine trade mark use’ approach

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In two applications for revocation of the two Regal trade marks, the Hong Kong Trade Marks Registry recognized trans-shipment of goods through Hong Kong by an importer and manufacturer as being sufficient to establish use of a trade mark under section 52(3) of the Trade Mark Ordinance; however, the use of the mark must be in the form as registered or in a form which differs in elements which do not alter the distinctive character of the mark and would require use of any prominent devices within the mark.

Journal Article.  1026 words.  Illustrated.

Subjects: Arbitration ; Intellectual Property Law

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