Naked Error or Fashion Blunder? Condoms and Fancy Wear in the High Court

Hong Kong Law Journal, Vol. 39, pp. 313-320, 2009

6 Pages Posted: 3 Oct 2017

See all articles by Po Jen Yap

Po Jen Yap

The University of Hong Kong - Faculty of Law

Date Written: 2009

Abstract

Recently, Anselmo Reyes J in the Court of First Instance handed down two decisions on trade marks registration. In the first, Re Naked, his Lordship allowed the applicant to register the word “Naked” as a trade mark for condoms whilst in the second, Re Alldressedup, the learned judge denied an application to register “alldressedup” as a trade mark for jewelry, articles made from animal skins and clothing. This Comment seeks to argue that the approaches taken by Reyes J in the two cases vis-à-vis the registrability of trademarks are inconsistent with each other. It is also this author's submission that Re Naked was correctly decided whilst the second applicant's “alldressedup” mark was wrongly denied registration for the class of goods relating to jewelry and articles made from animal skins and was correctly rejected for the class on clothing.

Keywords: Trade Mark

Suggested Citation

Yap, Po Jen, Naked Error or Fashion Blunder? Condoms and Fancy Wear in the High Court (2009). Hong Kong Law Journal, Vol. 39, pp. 313-320, 2009, Available at SSRN: https://ssrn.com/abstract=3046362

Po Jen Yap (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01274

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