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Is it possible to cancel a registration?

The following can be grounds for cancellation:

 

  • the mark is descriptive
  • the mark is lacking of a distinctive trait
  • the mark is misleading, deceptive or disparaging;
  • the mark is functional
  • the mark is a protected armorial bearing, flag or a State emblem
  • the mark is generic or customary in the current language
  • the mark is a geographical indication;
  • the mark is a threat against public policy or principals of morality
  • the mark is a badge or an emblem being a particular public interest
  • the mark is a misrepresentation of the product’s nature or it is used in a misleading manner
  • the mark is prohibited in Hong Kong
  • the registration of the mark was made in bad faith
  • there is a failure to observe any condition or policy in the registration process
  • the mark has not been genuinely used in Hong Kong by the owner

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