TRADE MARKS ORDINANCE (CAP. 559) APPLICATION FOR REVOCATION OF TRADE MARK 200302479
MARK :
CLASS : APPLICANT : REGISTERED PROPRIETOR :
25 HYX CHINA (GROUP) CO., LTD. HON MAN CHING
STATEMENT OF REASONS FOR DECISION 1. HYX China (Group) Co. Ltd. ("the applicant") applied to the Registrar of Trade
Marks on 21 June 2006 to revoke the registration of the trade mark "HENG YUAN XIANG 恒源祥 & devices" in class 25 under the Trade Marks Ordinance (Cap. 559) ("the Ordinance") on the ground of non-use. The trade mark was registered, at the time the application for revocation was filed, in the name of Hon Man Ching of Unit 1205, 12/F., Sinoplaza, 255 Gloucester Road, Causeway Bay, Hong Kong ("the registered proprietor"). 2. The hearing of the application took place before me on January 7 and 14 of 2010.
Mr. Philips B.F. Wong, counsel, instructed by Messrs. Robin Bridge & John Liu, appeared for the applicant. The registered proprietor, Mr. Hon Man Ching, appeared at the hearing by himself.
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Ground for revoking the trade mark 3. The application for revocation is made under section 52(2)(a) of the Ordinance on
the ground that the trade mark has not been genuinely used in Hong Kong by the registered proprietor or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, and there are no valid reasons for non-use (such as import restrictions on, or other governmental requirements for, goods or services protected by the trade mark).
Registration 4. The registration that the applicant applies to revoke is the trade mark:
registration number 200302479 (the "subject mark"), registered in class 25 in respect of "clothing, footwear, headgear" (the "specification"). The actual date of registration is 20 February 2003.
Evidence in support of the application 5. Filed with the applicant's application for revocation, besides the Statement of
Grounds of Revocation, was a statutory declaration of Grecki Kathleen Jane, declared on 13 June 2006, as evidence in support of the application. Ms. Jane is the director of Intellect Consultancy Limited, a firm of investigators specializing, among other things, in investigation and management of intellectual property cases. Ms. Jane's firm received instruction from the applicant's agent to conduct investigations in Hong Kong for the

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