Court Rules on Descriptive Marks
16 November 2012
The Court of First Instance (CFI) has ruled that suggestive trademarks are registrable, overturning the Trade Marks Registry decision to refuse the mark NAKED for condoms on descriptiveness and devoid of distinctive character grounds, according to Loke Khoon Tan and Josephine Lam at Baker & McKenzie in Hong Kong.
“This is the first CFI decision on descriptiveness of marks since the Trade Marks Ordinance came into force on April 4, 2003,” they told Asia IP. “The CFI decision confirms that suggestive marks are registrable, even though the bare fact of a CTM registration in itself is of little weight.”
Tan says the decision presents some good news for trademark owners as the Registry in Hong Kong from time-totime takes a more restrictive approach with regard to suggestive marks. The case is currently on appeal.
