August 2019

Applications were made by Sit, Fung, Kwong & Shum on behalf of Fonterra Brands (Singapore) Pte Limited to alter their Hong Kong trademark no. 1579/1979 and 1580/1979 from “ ” to “ ” in Classes 30 and 32. These were opposed by N. V. Sumatra Tobacco Trading Company. Although the substantive hearing took place on 12th March 2019, after commencement of the Trademarks Ordinance (Cap. 559), by virtue of the transitional provisions, the alteration application remains to be dealt with under the provisions of the repealed old Trademarks Ordinance (Cap. 43). The Registrar decided in favour of Fonterra and held that the alteration of the old mark to the proposed altered mark does not substantially affect the identity thereof and there was no prejudice to the Opponent or other third parties. The application for alteration was therefore allowed. The case was handled by Senior Partner C. K. Kwong and assisted by Cary Lam and Timothy Wu. Counsel Benny Lo was instructed on the case.