Hing Ling Yu and 8 Others v Henry Ph Leung

This matter concerned an application to register a trade mark, opposed by nine opponents. The applicant, Hing Ling Yu, sought to register the trade mark, while the opponents, including Henry Ph Leung, argued against its registration. The dispute centred on the ownership and use of the trade mark, particularly in light of prior agreements and the nature of the rights granted to the opponents. The decision was made by Debrett Lyons.

The court was required to determine whether the applicant had established ownership of the trade mark at the filing date of the application, considering the effect of a deed executed in 2003 and earlier agreements. Specifically, the court had to assess whether any assignment of trade mark rights by Mr. He to the applicant was valid, and whether any use of the trade mark by the opponents constituted authorised use under the relevant legislation, or if it rendered the mark deceptive due to a lack of quality control.

The court reasoned that if the 2003 deed constituted an assignment of an unregistered trade mark without goodwill, it would be invalid, meaning the applicant acquired no rights. Alternatively, if Mr. He had already divested himself of exclusive rights through prior agreements with the opponents, the applicant could not claim exclusive use. Even if the applicant owned the trade mark subject to the opponents' limited rights, the lack of evidence of quality control over the opponents' use rendered the trade mark deceptive and invalid. Consequently, the court refused to register the trade mark. The applicant was ordered to pay the opponents' costs, to be apportioned by their solicitors.