New Address

Please note that I have to move my blog, and hence the old feed burner doesn't work anymore. Please subscribe to the new feed. Sorry for the trouble.

Saturday, February 13, 2010

DAB Trademark – Class “25” & “Class 41”

Another Chinese New Year tradition in Hong Kong is, going to the “flower market”!

It usually starts 5 or 6 days before the Chinese New Year, ends on the dawn of the New Year Day. The flower-owners and other stall-owners would usually drop their prices towards the dawn on the last day with a view to get everything sold. They would even destroy the flowers, tangerines etc as “want money don’t want goods” is their collective goal!

There are several flower-markets (Causeway Bay, Mong Kok, Kwun Tong, Tsuen Wan etc) and the biggest one is Victoria Park in Causeway Bay where a few pan-democratic parties would normally make use of this good chance to promote their own political parties.

After the recent “5 District Resignation” which aims at witnessing their belief on “universal suffrage” by Civic Party (“CP”) and League of Social Democrats (“LSD”) (the two political parties in Hong Kong), supporters have different ideas to support such movement. They put forward a sale of their design of tee-shirts (2 different style) of which the profits will go to the funding of this new political campaign in a booth in Victoria Park. In one of the two tee-shirt design, there is a similar trademark (both form and color) of their competitor – Democratic Alliance for the Betterment and Progress of Hong Kong (“DAB”). This particular design is to put a mark that is similar to DAB’s trademark in the left-hand side, then following with a famous Chinese 4-word proverb whereas the last word means “shame” is missing. For the non-Chinese reader, that 4-words are always used together. Thus by quoting only three words, that implies “shameless”.

The idea is to use the DAB registered trademark and slightly modify it to make it looks different for the knowing, or if you really want to find out the different, but looks the same for the lay man. That is, the tee-shirt would implies that DAB is shameless. Subsequently, DAB was offended!

DAB has lodged a complaint as they are of the view that their trademark has been infringed. In the afternoon of 12 February 2010, the last second day of the flower-market, a few officers from Customs and Excise Department went to this booth to collect the unsold tee-shirts with a view to investigate the intellectual property infringement.

The “Trade Mark Record” as obtained from the Trade Marks Registry, Intellectual Property Department, shows that their registration number is 200102834, they registered for it in 1999 with the expiry date on 26 April 2016. They are registered as “Class 41” of which the specification reads: “arranging and conducting exhibitions, conferences, public meetings and group discussions for cultural and educational purposes; arranging and conducting lectures relating to culture and education; publication of books, magazines and printed matters; conducting and arranging conference, exhibitions, public meetings, group discussion and lectures relating to political affairs and elections, and the safeguard and maintenance of social and political stability in Hong Kong; all included in Class 41.”

Unfortunately, they have not registered for “Class 25”! If they do, they would have the exclusive right to use the mark for tee-shirts or other clothing. Without that, it can become a “passing off” case, they may consider to take civil proceedings. Infringement and passing off are different concepts in terms of intellectual protection and the whole case of Customs and Excise Department taking such a high profile action can be an interesting topics in the coming few weeks.

For further information, “Class 1” to “Class 34” are for “goods” while “Class 35” to “Class 45” are for “services”. Details can be found here.

Now it is time for me to make some purchases at the flower-market and check out other infringemnt cases! Well, as I am told that I look like Andy Lau, please do not ask for my autography or taking photos with me if his fans meet me there!

See you soon in the year of Tiger!


Angel Mandala 天使曼陀羅 said...

Interesting class! But I'm more interested in movies of class/category 3:)

Anonymous said...

After reading you blog, I thought your articles is great! I am very like your articles and I am very interested in the field of Free trial. Your blog is very useful for me .I bookmarked your blog! I trust you will behave better from now on; I hope she understands that she cannot exepct a raise.
My blog Free trial

Anonymous said...

Thank you for your compliment.

Anonymous said...

After reading you site, Your site is very useful for me .I bookmarked your site!
I am been engaged 8 years on the [b][url=]brasil no[/url][/b] If you have some questions, please get in touch with me.
brasil no

Anonymous said...

Hello everybody! I don't know where to begin but hope this place will be useful for me.
In first steps it's really nice if someone supports you, so hope to meet friendly and helpful people here. Let me know if I can help you.
Thanks and good luck everyone! ;)

Anonymous said...

I have developed a new clean web 2.0 wordpress theme.

Has 2 colours silver and blue, has custom header(colour or image).
I am curently working on it, so if you have suggestions let me know.

You can view live demo and download from here
If you found bug reports or you have suggestions pm me.
Wish you a happing using.

many thanks to [url=][/url] for helping with hosting and developement of the theme

Anonymous said...

I kinda have been expecting this in a way...
But I reali dun think da world is going to end...start a new era maybe but the world is not ending.
That's not gonna happen till a thousand years later! Ok, I'm not sure bout that either but that's not the point! The world's not gonna end! Full stop!
]2012 end of world
[/url] - some truth about 2012

Anonymous said...

Good day!

Let me introduce myself,
friends call me Peter.
Generally I’m a venturesome gambler. for a long time I’m keen on online-casino and poker.
Not long time ago I started my own blog, where I describe my virtual adventures.
Probably, it will be interesting for you to find out about my progress.
Please visit my blog. I’ll be glad would you find time to leave your comments.

Anonymous said...


When ever I surf on web I never forget to visit this website[url=].[/url] is filled with quality info. Let me tell you one thing guys, some time we really forget to pay attention towards our health. Are you really serious about your weight?. Research displays that nearly 60% of all United States adults are either chubby or overweight[url=].[/url] So if you're one of these citizens, you're not alone. Its true that we all can't be like Brad Pitt, Angelina Jolie, Megan Fox, and have sexy and perfect six pack abs. Now next question is how you can achive quick weight loss? Quick weight loss can be achived with little effort. If you improve some of your daily diet habbits then, its like piece of cake to quickly lose weight.

About me: I am author of [url=]Quick weight loss tips[/url]. I am also health expert who can help you lose weight quickly. If you do not want to go under painful training program than you may also try [url=]Acai Berry[/url] or [url=]Colon Cleansing[/url] for fast weight loss.

Anonymous said...

Infatuation casinos? fact-finding this sons [url=]online casino[/url] barrister and forging online casino games like slots, blackjack, roulette, baccarat and more at .
you can also ago our blooming [url=]casino[/url] head up at and false upright folding spondulix !
another unsurpassed [url=]casino spiele[/url] scheme is , during german gamblers, make unrestrained online casino bonus.

Anonymous said...

i easily enjoy your own posting kind, very unique,
don't quit and keep writing because it simply well worth to look through it.
looking forward to look at alot more of your content pieces, regards!

viagra online said...

Hello friend excellent post about DAB Trademark – Class “25” & “Class 41” thanks for sharing!!!

Pantera said...

Hello everybody! I don't know where to begin but hope this place will be useful for me.
In first steps it's really nice if someone supports you, so hope to meet friendly and helpful people here. Let me know if I can help you.
Thanks and good luck everyone! ;)

buy cialis said...

nice comment

citrate sildenafil said...

I really like this write! I enjoy it so much! thanks for give me a good reading moment!