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Apr 15, 2009
Angus Forsyth, Stevenson, Wong & Co., Hong Kong

“NAKED” – as Nature intended and as perceived by the Ho...


Angus Forsyth, Stevenson, Wong & Co., Hong KongThe Registrar of Trade Marks in Hong Kong refused the application to register “NAKED” as a trade mark for condoms in Class 10. The Registrar displayed an elastic imagination to stretch the meaning of the word “NAKED” to designating a characteristic of condoms – a characteristic seen by the Registrar as tantamount to a sensation of nakedness in both male and female participating users of the condom and accordingly unregistrable by virtue of Section 11(1)(c) of the Trade Marks Ordinance. Under the secondary hurdle under Section 11(1)(b) of the Trade Marks Ordinance, “NAKED” was insufficiently distinctive in itself to function as a trade mark. read more