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Journal of Intellectual Property Law & Practice Advance Access originally published online on October 12, 2006
Journal of Intellectual Property Law & Practice 2006 1(12):753-755; doi:10.1093/jiplp/jpl161
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Published by Oxford University Press. All rights reserved

Current Intelligence

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

Deanna Wong
Lovells, Hong Kong

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.


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