In an impressive turnaround of just three working days from the filing of the written response with the Hong Kong Trade Marks Registry (HKTMR), Chang Tsi's Hong Kong Team successfully secured a favorable decision in overcoming a complicated relative-grounds objection on behalf of our client.
This outcome was made possible through a meticulously prepared response that:
- leveraged a substantial number of comparable co-existence precedents;
- highlighted the relevant marks' extensive worldwide registrations; and
- demonstrated the applicant's long-standing use, advertising, and promotion of the mark.
This achievement underscores both the effectiveness of our legal strategy and the efficiency of Hong Kong's trademark examination system, which outpaces many other jurisdictions worldwide in examining trademark registrability and handling objections.
That said, the decision also reflects a noticeable trend at the HKTMR: increasingly stringent examination criteria in assessments of both inherent registrability and prior obstacles. This shift has, at times, led to some not quite reasonable objections during substantive examination. Trademark applicants should prepare for the likelihood of encountering more office actions in light of this developing trend, but can remain confident that such objections can often be successfully addressed with well-crafted and thoroughly substantiated responses.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
