FACV No. 26 of 2008IN THE COURT OF FINAL APPEAL OF THEHONG KONG SPECIAL ADMINISTRATIVE REGIONFINAL APPEAL NO. 26 OF 2008 (CIVIL)(ON APPEAL FROM CACV NO. 291 OF 2006)_____________________IN THE MATTER of Sections 52, 53 and 57 of the Trade Marks Ordinance, Cap. 559 of the Laws of Hong KongandIN THE MATTER of Hong Kong Trade Mark Nos. 300065196 for “PING AN” and 300065213 for “ 平 安 ” registered in Classes 16, 35, 36, 38, 41 and 42 in the name of 中國平安保險(集團)股份有限公司 (“the Respondent”)andIN THE MATTER of an application by PING AN SECURITIES LIMITED (“the Applicant”) for a declaration of invalidity of the registration of Hong Kong Trade Mark Nos. 300065196 in Class 36 and 300065213 in Class 36 and/or for rectification of the Register of Trade Marks in respect thereof_____________________Between :PING AN SECURITIES LIMITEDApplicant (Appellant)and中國平安保險(集團)股份有限公司Respondent(Respondent)_____________________Court :Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Litton NPJ and Mr Justice Gault NPJDates of Hearing :22 and 23 April 2009Date of Judgment :12 May 2009J U D G M E N TMr Justice Bokhary PJ :1.I agree with the judgment of Mr Justice Gault NPJ and would therefore allow the appeal with costs here and below. Not in regard to the merits but in connection with the preparation of the papers, we indicated at the hearing that we would consider calling upon the appellant’s solicitors to show cause under Order 62 rule 8 of the Rules of the High Court. We have decided not to adopt that course. Why we had contemplated it appears from the judgment of Mr Justice Litton NPJ. Mr Justice Chan PJ :2.I agree with the judgment of Mr Justice Gault...
