Monday, May 15, 2017

Alice Lee's Comparative Study of Well-known Trade Marks and Dissimilar Goods (HKLJ)

"Well-known Trade Marks and Dissimilar Goods: HK, UK and EU Law"
Alice Lee
Hong Kong Law Journal
2017, Vol. 47, Issue 1, pp 89-114
Abstract: The escalating complaints of international brands about unauthorised use of their trade marks or resembling marks on non-competing goods or services have provoked rethinking of trade mark law. In Hong Kong, as in most other jurisdictions, there are specific statutory provisions for the protection of well-known trade marks. Comparing Hong Kong, UK and European authorities, this article examines the scope of ss 18(4) and 12(4) of the Trade Marks Ordinance (Cap 559), explains why they should be construed as limited to dissimilar goods and services and concludes that the Trade Marks Registry Work Manual is in desperate need of revision.

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