Appeal against the decision of Trademarks RegistrySep 2021 |
| Appealable decisions |
| Any registrar's decision or order made under the Trade Marks Ordinance may be appealed to the High Court. The specific definition of "decision" includes any act done by the Registrar in the exercise of this Ordinance or the discretion granted to him under this Ordinance. This actually means that any challenge to the registrar's decision or order, whether based on statutory terms or in the exercise of discretion, shall be appealed to the High Court. |
| Appeals to the High Court are governed by the Rules of the High Court. |
| Appeal time limit |
| A notice of appeal should be filed and the grounds for appeal are filed and served within 28 days of the decision or order for the appeal. |
| In the case of any appeal against a registrar's decision, the decision is deemed to have been made on the date of the notice of decision. |
| The time limit for filing an appeal may be extended by the Registrar in accordance with the rules of the High Court. This does not affect the court's power to extend the period. An application for extension of the application time to the Registrar shall be submitted in writing and copied to the other party. |
| Court power |
| The power of the court in the appeal process is greater than the power of judicial review. The court not only exercises supervisory duties with the Registrar’s decision, but also has the power of the Registrar to determine any issue in its original jurisdiction under the Ordinance to make any order or exercise any other power, of which the Registrar may have made or exercised. In particular, it provides that the appeal should be by way of rehearing; it also provides for admission of further evidence and indicates how the evidence should be accepted; and any order that the Registrar could have made. |
| Costs |
| The court may usually grant any party what it considers reasonable costs, and usually follows the event. |
| In case of appeal failure |
| If the appeal fails and the Registrar’s decision is upheld, the Registrar’s original decision shall be taken unless the appellant further appeals. If no further appeal is filed within the appeal period, the prior decision shall remain effective. |
 COPYRIGHT BKIP 2021
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Sep 2021 Appeal against the decision of Trademarks Registry Jun 2021 Michelin Sues Hong Kong Company for Trademark Infringement
May 2021 Oppositions Against European Trademarks Apr 2021 Procedure and Evidence Requirements for Trademark Cancellation in Non-Use Areas Mar 2021 Amendment of Trademark applications and Registrations in Hong Kong Feb 2021 Registered trademarks-use of ® symbol in Hong Kong Jan 2021 Do you need to register your trademark？
2017年12月 使不誠實的商標註冊失效
2017年11月 香港馬德里體系的更新
2017年10月 向人民法院起訴商標案件的文件要求
2017年09月 香港商標案件的證據缺陷
2017年08月 商標案件的聆訊階段
2017年07月 「相同商標」查冊和「相近商標」查冊
2017年06月 商標查冊的重要性
2017年05月 商標授權人對銷售侵權產品的法律責任
2017年04月 申請商標前企業應要知道商標的註冊性
2017年03月 我應註冊商標嗎？
2017年02月 商標代理人的重要性
2017年01月 註冊商標被不知名人士申請取消
Dec 2020 Supremacy of Well-Known Trademark in Hong Kong Nov 2020 The Benefits of Strong Trademarks Oct 2020 Likelihood of Trademark Confusion in Hong Kong Sep 2020 TWeak trademarks are normally rejected registration due to its non-distinctive nature. Aug 2020 Trademarking in other countries Jul 2020 Restoration of Removed Trademark Registrations in Hong Kong Jun 2020 Validity and renewal of trademark registrations in Hong Kong May 2020 Filing Basis-Statement of Use in Hong Kong Apr 2020 Certificate of Hong Kong Trademark Registration Mar 2020 Amendment of Trademark applications and Registrations in Hong Kong Feb 2020 Opposition to Hong Kong Trademark Application Jan 2020 Color Marks Dec 2019 Color Marks Nov 2019 SKECHERS succeed trademark infringement in China Oct 2019 Alfred Dunhill Win Huge Lawsuit in China Sep 2019 Second Bite Of Toymaker Lego In Infringing Battles In China
Jun 2019 Is IPR protection sufficiently strong in China? The recent development of IPR protection in China. May 2019 Three-dimensional Trademarks Apr 2019 Intellectual Property Licensing Mar 2019 Opposition to Macau Trademark Application Feb 2019 PRC Trademark Opposition Procedures Jan 2019 Opposition to PRC Trademark Application Dec 2018 Intellectual Property Licensing Nov 2018 Macau Trademark Opposition Procedures Oct 2018 Grounds of Opposition against U.S. Trademark Application Sep 2018 Opposition to U.S. Trademark Application Aug 2018 The Advantages of Filing Hong Kong Trademark Opposition in the First Place: Jul 2018 Hong Kong Trademark Opposition Procedures Jun 2018 Opposition to Hong Kong Trademark Application May 2018 Absolute Grounds’ for Refusal of a EUTM Application Apr 2018 Documentation requirements for filing appeal to People’s Court for trademark cases Mar 2018 Update of the Madrid System in Hong Kong Feb 2018 Invalidation of Trademark Registration in Bad Faith
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