Vivian Poon, partner, was recently interviewed by Managing IP regarding the Hong Kong Trade Marks registry’s acceptance of the first movement mark for registration.
This is the first of this kind within the jurisdiction after the Hong Kong Intellectual Property Department introduced a new chapter in the Registry’s Work Manual to clarify the know-how of a movement mark registration in early 2014.
She commented, ““Movement marks are still very new to Hong Kong at this stage and there is no doubt that more of such marks will be filed given that forward thinking companies are continuously coming up with innovative ways to strengthen their brands.”
Vivian further raised a concern over how trade mark owners will enforce similar movement marks. It will be interesting to see how the courts assess them due to a lack of case law in relation on non-traditional marks. “A traditional mark will still be easier to enforce compared to movement marks which will consist of many images and frames,” she explained.
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