A hearing for an opposition to trade mark application was heard before the IP Department on 27 August 2021 and the decision was handed down on 5 November 2021. The opposition concerns a registration of a trade mark “金佛水” under class 35 by an earlier trade mark “大佛水”.
Ian Chu acted for the applicant in the said hearing. In short, the IP Department was of the view that:-
- There is insufficient evidence supporting that the earlier trade mark has been widely used in Hong Kong for a long time and therefore the use of it does not make the earlier trade mark more distinctive;
- The degree of similarity between two marks is only medium; and
- While the wholesale and retailing of medicines, Chinese herbal medicine and nasal spray under the subject class 35 (“Class A Services”) are complementary to the goods covered by earlier trade mark, others including the sale of tonic food, cosmetic and skincare products and nutritious food etc (“Class B Services”) are not similar to the goods covered by the earlier trade mark.
Accordingly, the IP Department rejected the opposition to the registration of the subject trade mark under Class B Services.
For the full Statement of Reasons for Decision by the IP Department, please see https://www.ipd.gov.hk/chi/intellectual_property/trademarks/trademarks_decisions/decision/DEC304805190OP.pdf or contact our Ian Chu.
