3000 51001 ~ X-Sport Class
TRADE MARKS ORDINANCE (Cap. 559) OPPOSITION TO TRADE MARK APPLICATION NO. 300051001 MARK : CLASS : 32 APPLICANT : TING YI (CAYMAN ISLANDS) HOLDING CORP. OPPONENT : ESPN, INC. STATEMENT OF REASONS FOR DECISION Background 1. On 22 July 2003, Ting Yi (Cayman Islands) Holding Corp. (the “applicant”) filed an application under the Trade Marks Ordinance, Cap 559 (the “Ordinance”) for registration of the mark, which is represented above (the “suit mark”), in Class 32 in respect of “beers; essences for making beverages, fruit juices, fruit nectars, grape must, isotonic beverages, lithia water, milk of almond beverages, mineral water, non-alcoholic beverages, non-alcoholic fruit extracts, non-alcoholic fruit juice beverages, peanut milk beverages, powders for effervescing beverages, soda water, syrups for lemonade, tomato juice for beverages, waters, whey beverages; aerated waters; syrups and other preparations for making beverages”. 2. Particulars of the subject application were published on 17 October 2003. The Opponent filed a notice of opposition which includes the grounds of opposition on 16 January 2004. 3. The opposition hearing took place before me on 17 October 2007. At the hearing, Mr. C.W. Ling, counsel, instructed by China.hk Intellectual Property Services Co., Ltd., appeared for the applicant, and Mr. Philips B.F. Wong, counsel, instructed by Sit, Fung, Kwong & Shum, Solicitors, appeared for the opponent. 1 Grounds of opposition 4. The opponent opposes registration of the suit mark under sections 3(1), 11(1)(a), 11(1)(b), 11(1)(c), 11(1)(d), 11(4)(a), 11(5)(a), 11(5)(b), 12(1) to 12(4), 12(5) and 63 of the Ordinance.
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