Recently, Lihan's Hong Kong Team helped one of its Fortune 500 clients, a global tech giant, win a "milestone" trademark case regarding refusal on absolute grounds in Hong Kong.

With "there is no reason why the assessment to consider raising an objection under section 11(1)(c) should not take into account the advent of new forms of descriptive expressions, e.g. 'cloud computer'" clearly stated in the Trade Marks Registry Work Manual, nearly all applications for trademarks containing the word "cloud" while without other highly distinctive elements cannot escape the fate of refusal.

While, determined to try their best to prosecute the right of the client, Hong Kong Team from Chang Tsi pushed this case very hard, collected all the evidence available, such as similar registrations in Hong Kong, and successful registrations of the same mark across the world to persuade the Examiner into accepting the registration. Although such similar precedents and overseas registrations are not authoritative or binding for examination in Hong Kong, they actually serve as strongly supportive evidence. They can be given due weight by examiners according to our Hong Kong Team's rich experience.

More legal assistance in HK is needed? Please reach out to your HK team! （HKteam@changtsi.com）