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HCMP002835M/1990
IN THE SUPREME COURT OF HONG KONG
MISCELLANEOUS PROCEEDINGS NO. 2835 OF 1990
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IN THE MATTER of Hong Kong Application NO. 3353B of 1983 "MITAC" in Class 9 in the name of MITAC Inc |
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and
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IN THE MATTER of an Opposition thereto by Mita Kogyo Kabushiki Kaisha ("the Opponent") |
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and
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IN THE MATTER of an appeal to be filed by Mite Kogyo Kabushiki kaisha |
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Coram: The Hon. Mr. Justice Mayo in Court
Date of Hearing: 2nd, 3rd and 6th July, 1992 Date of
Delivery of Judgment: 6th July 1992
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C O R R I G E N D U M
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At page 2, in line 22, Section 20 of Cap. 43 should read as
"20. Except as provided by section 22 no trade mark shall be registered in respect of any goods or description of goods that is identical with a trade mark belonging to a different proprietor and already on the register in respect of the same goods or description of goods, or that so nearly resembles such
a trade mark as to be likely to deceive
or cause confusion."
At page 8, in line 13, Section 12 of Cap 43 should read as
"12. (1) It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would be likely to deceive or would be disentitled to protection in a court of justice or would be contrary to law or morality, or any scandalous design.
(2) No word which is the commonly used and accepted name of any single chemical element or single chemical compound as distinguished from a mixture, shall be registered as a trade mark relating to goods in respect of a chemical substance or preparation, and any such registration in force at the commencement of this Ordinance or thereafter shall, notwithstanding anything in section 30, be deemed for the purposes of section 48 to be an entry made in the register without sufficient cause, or an entry wrongly remaining on the register, as the circumstances may require:
Provided that the foregoing provisions of this subsection shall not have effect in relation to a word which is used to denote only a brand or make of the element or compound as made by the proprietor or a registered user of the trade mark, relating to goods as distinguished from the element or compound as made by others, and in association with a suitable name or description open to the public use."
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(Judy FUNG (Miss) |
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Clerk to Hon. May, J. |
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