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FAMV38/2008
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 38 OF 2008 (Civil)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACV No. 291 of 2006)
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IN THE MATTER of sections 52, 53 and 57 of the Trade Marks Ordinance, Cap. 559 of the Laws of Hong Kong |
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and |
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IN THE MATTER of Hong Kong Trade Mark Nos. 300065196 for “PING AN” and 300065213 for “平安” registered in classes 16, 35, 36, 38, 41 and 42 in the name of 中國平安保險(集團)股份有限公司 (“the Respondent”) |
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and |
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IN THE MATTER of an application by PING AN SECURITIES LIMITED (“the Applicant”) for a declaration of invalidity of the registration of Hong Kong Trade Mark Nos. 300065196 in Class 36 and 300065213 in Class 36 and/or for rectification of the Register of Trade Marks in respect thereof |
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BETWEEN
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PING AN SECURITIES LIMITED |
Applicant |
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and |
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中國平安保險(集團)股份有限公司 |
Respondent |
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Appeal Committee: Chief Justice Li, Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ
Date of Hearing: 7 November 2008
Date of Determination: 7 November 2008
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D E T E R M I N A T I O N
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Chief Justice Li:
1. We are satisfied that a point of law of great general or public importance arises: namely, what constitutes the proper approach to determining whether there is a likelihood of confusion between marks in the context of an application to invalidate the registration of a trade mark under section 53(5)(b), operating in conjunction with section 12(5)(a), of the Trade Marks Ordinance.
2. We grant leave on this basis as well as on the “or otherwise” basis. We order costs be the costs in the appeal.
(Andrew Li)
Chief Justice |
(Kemal Bokhary)
Permanent Judge |
(R A V Ribeiro)
Permanent Judge |
Mr John M Y Yan SC (instructed by Messrs Baker & McKenzie) for the applicant
Mr Andrew Liao SC (instructed by Messrs DLA Piper) for the respondent
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