A Hard-won Absolute-grounds Refusal Trademark Case in Hong Kong

CHANG TSI
Insights

November25
2022

Fantastic news! Hong Kong Team from Chang Tsi assisted one of the world's leading specialty chemical companies in winning a hard-won absolute-grounds refusal trademark case in Hong Kong.

The client’s mark involves descriptive terms such as “greater chemistry” which in the Registrar’s Opinion would be perceived as an indistinctive promotional slogan as a whole indicating that the goods and services involve more advanced level of chemistry rather than a badge of trade origin in relation to the applied-for goods and services regarding chemicals, etc. in Classes 1, 35, and 42.

While, by detailing the special meaning and stories behind the mark, arguing for the distinctiveness of the mark as a whole while not vis-à-vis the individual elements contained thereof, highlighting the above-average care and attention of the targeted customers, searching for similar registrations from the Register to urge the Registry to follow consistent examination criteria, and listing successful foreign registrations of the same mark, Hong Kong Team perfectly disabused the Examiner of his/her previous unfavorable opinion and let the get mark successfully published! 

Lihan Yang
Attorney at Law | Trademark Agent
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