IN THE MATTER OF the Trade Marks Ordinance (Cap. 559) (the “Ordinance”)
and
IN THE MATTER OF an application to appeal the decision of Ms 羅淑儀 (Connie Law) acting for the Registrar of Trade Marks dated 20 August 2020 in relation to an Opposition by 中國北京同仁堂(集團)有限責任有限公司 (the “Opponent”/“Respondent”) to Trade Mark Application No. 303570679 for in Classes 3 and 5 (the “Subject Application”/ “Opposed Mark”) applied for by 樂氏同仁藥業科技集團有限公司 (the “Applicant”/ “Appellant”)
________________________
BETWEEN
樂氏同仁藥業科技集團有限公司
Appellant
and
中國北京同仁堂(集團)有限責任公司
Respondent
AND
HCIP 63/2020
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
INTELLECTUAL PROPERTY PROCEEDINGS NO. 63 OF 2020
________________________
IN THE MATTER OF the Trade Marks Ordinance (Cap. 559) (the “Ordinance”)
and
IN THE MATTER OF an application to appeal the decision of Ms 羅淑儀 (Connie Law) acting for the Registrar of Trade Marks dated 20 August 2020 in relation to an Opposition by 中國北京同仁堂(集團)有限責任有限公司 (the “Opponent”/“Respondent”) to Trade Mark Application No. 303197197AB for in Classes 32, 33, 36 and 41 (the “Subject Application”/ “Opposed Mark”) applied for by 樂氏同仁藥業科技集團有限公司 (the “Applicant”/“Appellant”)
________________________
BETWEEN
樂氏同仁藥業科技集團有限公司
Appellant
and
中國北京同仁堂(集團)有限責任公司
Respondent
________________________
(Heard together)
Before:
Hon Lok J in Chambers
Date of Hearing:
2 August 2021
Date of Judgment:
11 August 2022
Date of Corrigendum:
20 December 2024
________________________
C O R R I G E N D U M
________________________
Please note the following corrigendum in the Judgment dated 11 August 2022:
Paragraph 5 of the Judgment should be replaced by the following:-
“For easy reference, I will refer the mark in §3 above as “the Logo Mark” because it contains a logo and the mark in §4 above as “the Words Mark” because it contains only words. I will also refer both marks collectively as “the Subject Marks”.”
Dated the 20th day of December 2024
( Alvin Wong )
for Registrar, High Court
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