1

TRADE MARKS ORDINANCE (Cap. 559)

APPLICATION NO. : 301767079AB

MARK :

APPLICANT : SEMK PRODUCTS LIMITED

CLASSES : 9, 11 & 35

____________________________________________________________________

STATEMENT OF REASONS FOR DECISION Background 1. On 18 November 2010, Semk Products Limited (“the applicant”) filed an application for

registration of the following two marks in a series (hereinafter collectively referred to as “the subject marks”) under the Trade Marks Ordinance (Cap. 559) (“the Ordinance”).

2. Registration of the subject marks was originally sought in respect of various goods and

services in Classes 9, 11, 18 and 35. 3. Amendments had been made to the specification of the goods and services applied for.

Also, the application was subsequently divided into two, one in respect of the goods in Class 18 and the other in respect of the goods and services in Classes 9, 11 and 35. What I have to consider in the current context is the registrability of the subject marks in respect of the goods and services applied for in Classes 9, 11 and 35 (“the subject

2

application”). The goods and services sought under the subject application are set out in Annex A.

4. At the examination stage, an objection was raised by the Registrar of Trade Marks (“the

Registrar”) against the application in question under Section 12(3) of the Ordinance on the basis of the following three registered marks :

Trade mark : Registration no. : 300218006 Date of registration : 20 May 2004 Class : 11 Colour claim : Nil Owner : Elegant Star Technology Limited

Trade mark :

Registration no. : 300874431 Date of registration : 21 May 2007 Classes : 7, 9, 10 & 11 Colour claim : Claims the colours red and grey as elements of

the trade mark Owner : Semk Industrial (Holdings) Company Limited

Trade mark :

Registration no. : 300874440 Date of registration : 21 May 2007 Classes : 7, 9, 10 & 11

3

Colour claim : Nil Owner : Semk Industrial (Holdings) Company Limited

Details of the goods covered by the registration of each of the cited marks are set out in Annex B.

5. Despite submissions made on behalf of the applicant, the objection was maintained by the

Registrar. By its letter dated 4 June 2012, the applicant requested a hearing on the registrability of the subject marks. The hearing was scheduled to take place before me on 11 December 2012. The applicant filed Form T12 on 14 November 2012, yet it subsequently informed the Registrar on 7 December 2012 that it would not attend the hearing.

6. In order to overcome the above citations, the applicant filed on 9 November 2012 a

statutory declaration of Kwok Chun Kit, a director of the applicant, dated 9 November 2012 (“the Statutory Declaration”) with a view to establishing honest concurrent use of the subject marks and the cited marks under Section 13 of the Ordinance. In its letter of 7 December 2012, the applicant submitted further materials for reference by the Registrar. However, such materials were not filed by way of statutory declaration or affidavit in accordance with Rules 79 and 80 of the Trade Marks Rules (Cap. 559 sub. leg. A) (“the Rules”). I am therefore unable to regard them as evidence filed in support of the subject application. Pursuant to Rule 75(b) of the Rules, I proceed to decide the matter without a hearing.

The Ordinance 7. Section 12(3) of the Ordinance reads as follows :

“A trade mark shall not be registered if – (a) the trade mark is similar to an earlier trade mark; (b) the goods or services for which the application for registration is made are identical or

similar to those for which the earlier trade mark is protected; and (c) the use of the trade mark in relation to those goods or services is likely to cause

confusion on the part of the public.”

8. As to the meaning of “earlier trade mark” as referred to in Section 12(3) of the Ordinance,

4

the relevant part of Section 5 of the Ordinance states :

“(1) In this Ordinance, “earlier trade mark”, in relation to another trade mark, means – (a) a registered trade mark which has a date of application for registration earlier than that

of the other trade mark, taking into account the priorities claimed in respect of each trade mark, if any…”1

The date of application for registration of each of the cited marks is earlier than that of the subject marks. Each of the cited marks therefore constitutes an “earlier trade mark” in relation to the subject marks for the purpose of Section 12(3) of the Ordinance.

9. Another section to consider is Section 7(1) of the Ordinance which throws light on how

subsection (c) of Section 12(3) is to be interpreted. It provides that :

“For greater certainty, in determining for the purposes of this Ordinance whether the use of a trade mark is likely to cause confusion on the part of the public, the Registrar or the court may take into account all factors relevant in the circumstances, including whether the use is likely to be associated with an earlier trade mark.”

10. Provisions on honest concurrent use can be found in Section 13 of the Ordinance, which

states :

“(1) Nothing in section 12 (relative grounds for refusal of registration) prevents the registration of a trade mark where the Registrar or the court is satisfied-

(a) that there has been an honest concurrent use of the trade mark and the earlier trade mark or other earlier right; or (b) that by reason of other special circumstances it is proper for the trade mark to be registered.

(2) The registration of a trade mark under or by virtue of subsection (1) shall be subject to such limitations and conditions as the Registrar or the court thinks fit to impose. (3) Nothing in this section prevents the Registrar from refusing to register a trade mark on any of the grounds mentioned in section 11 (absolute grounds for refusal of registration).”

1 The applicant has not made any claim of priority in respect of the subject marks.

5

Decision 11. Having regard to all the relevant facts and circumstances :-

i. the objection by virtue of Trade Mark No. 300218006 is waived; and ii. I consider that the subject marks are acceptable for registration in respect of :

(a) “weighting apparatus and instruments; magnets; decorative magnets; telephones;

mobile phones; digital images and music [downloadable] from a computer network; bags and cases adapted for mobile phones; desk-top holders for mobile phones; hand-free sets for mobile phones; being accessories for mobile phones; parts and fittings for the aforesaid goods” in Class 9;

(b) “lighters; parts and fittings for the aforesaid goods” in Class 11; and (c) “retailing services and wholesaling services relating to stationery articles, cards,

books, photographs, toys and playthings, brushware, clocks and watches, jewelry, Christmas decorations, clothing, footwear and headgear, clothing accessories, leather and imitated leather goods, luggage, bags, umbrellas, mobile phone accessories, furniture, mirrors, beddings, cushions, textile towels, toiletries, candies and foodstuffs; sales promotion for others; advertising; direct mail advertising; dissemination of advertising matter; leasing and rental of advertising materials and/or space; publication of publicity texts; business management and organization consultancy; commercial or industrial management assistance; organization of trade fairs and exhibitions for commercial or advertising purposes; display services for merchandise; marketing and promotional services; presentation of goods on communication media, for retail purposes; demonstration of goods for promotional or advertising purposes; import and/or export agency services; window dressing; on-line advertising on a computer network; administration of the business affairs of license and franchise; provision of business assistance in the operation and establishment of franchise” in Class 35

on a prima facie basis (hereinafter collectively referred to as “the acceptable goods and services”). Subject to compliance with the requirements as stipulated in

6

paragraph 87 below, the subject marks, insofar as they are in respect of the acceptable goods and services, may proceed to publication.

12. In respect of the rest of the goods and services applied for in Classes 9, 11 and 35

(hereinafter collectively referred to as “the objectionable goods and services”), the reasons for refusing registration of the subject marks are set out below.

Section 12(3) of the Ordinance 13. Section 12(3) essentially precludes a mark from registration if the use of it is likely to

cause confusion on the part of the public, as a result of it being similar to an earlier trade mark and that it is sought to be registered in respect of goods or services that are the same as or similar to those registered under the earlier trade mark. I must therefore consider whether there are similarities between the subject marks and each of Trade Mark No. 300874431 and Trade Mark No. 300874440 (“the cited marks”) and between the goods and services covered by the respective marks which would lead to a likelihood of confusion.

14. The basic principles regarding the assessment of similarity between marks and the

likelihood of confusion between them are set out in the cases of Sabel BV v Puma AG [1998] RPC 199, Lloyd Schuhfabrik Meyer & Co GmbH v Klijsen Handel BV [2000] FSR 77 and Canon Kabushiki Kaisha v Metro-Goldwyn-Mayer Inc [1999] RPC 117 and adopted in Guccio Gucci SpA v Gucci [2009] 5 HKLRD 28. These principles are as follows :

(a) The likelihood of confusion must be appreciated globally, taking account of all the relevant factors.

(b) The matter must be judged through the eyes of the average consumer of the goods in issue, who is deemed to be reasonably well informed and reasonably observant and circumspect.

(c) In order to assess the degree of similarity between the marks one must determine the degree of visual, aural or conceptual similarity between them and, where appropriate, evaluate the importance to be attached to those different elements taking into account the nature of the goods in question and the circumstances in which they are marketed.

7

(d) The visual, aural and conceptual similarities of the marks must therefore be assessed by reference to the overall impressions created by the marks bearing in mind their distinctive and dominant components. The perception of the marks in the mind of the average consumer plays a decisive role in the overall appreciation of the likelihood of confusion.

(e) The average consumer normally perceives a mark as a whole and does not proceed to analyze its various details.

(f) There is a greater likelihood of confusion where the earlier trade mark has a highly distinctive character, either per se or because of the use that has been made of it.

(g) The average consumer rarely has the chance to make direct comparisons between marks and must instead rely upon the imperfect picture of them he has kept in his mind; further, the average consumer’s level of attention is likely to vary according to the category of goods in question.

(h) Appreciation of the likelihood of confusion depends upon the degree of similarity between the goods. A lesser degree of similarity between the marks may be offset by a greater degree of similarity between the goods, and vice versa.

(i) Mere association, in the sense that the later mark brings the earlier mark to mind, is not sufficient for the purpose of the assessment.

(j) But the risk that the public might believe that the respective goods come from the same or economically linked undertakings does constitute a likelihood of confusion within the meaning of the section.

Comparison of marks 15. A comparison of the marks has to be based on an overall appreciation of the visual, aural

and conceptual similarities of them, taking into account the overall impressions given by them, and bearing in mind, in particular, their distinctive and dominant components.

16. Further, I am mindful that the assessment should be based on the perception of the marks

in the mind of the average consumer of the goods or services in question. The

8

objectionable goods cover different items of general merchandise in Classes 9 and 11. The relevant consumers of the objectionable goods are members of the general public in Hong Kong. The objectionable services (in Class 35) are retailing and wholesaling services that relate to general merchandise and services which enable/facilitate purchases of goods. The relevant consumers are members of the general public in Hong Kong as well as merchants and businessmen in Hong Kong who are interested in the retailing of the goods concerned.

17. Each of the subject marks in series consists of a single word “Semk” with the first letter

“S” in upper case and the remaining letters in lower case. Two dots are placed above the letter “e” (“the two dots”). All the letters are in mere plain font. The only difference between the subject marks is that the letters and the two dots in Mark B are represented in a particular font type that shows the outline of the alphabets or dots. Save for the aforesaid, there are no stylizations or additional elements in the subject marks.

18. Trade Mark No. 300874431 comprises the word “SEMK” which is placed above the three

words “THE SEMK GROUP”. The three words below are of a much smaller size and their length in total does not reach three-quarters of the length of the word “SEMK” on top. All the letters are represented in upper case and in mere plain font. As regards the letter “S” at the frontal part of the mark, it is slightly larger than the letters “E”, “M” and “K” that immediately follow it, expressed in white and set against a circular background in red. The remaining letters within the mark are represented in grey. The owner has claimed the colours red and grey as elements of the mark. As regards Trade Mark No. 300874440, it consists of the three words “THE SEMK GROUP” which are of the same size, with all the letters expressed in upper case in mere plain font. There has not been any claim of any colour as an element of this mark.

19. The applicant’s case as regards comparison of the marks is set out in paragraph 10 of the

Statutory Declaration. According to the applicant, the subject marks are visually, aurally and conceptually distinguishable from each of the cited marks for the following reasons :

i. The word “SEMK” does not constitute the entire feature in each of the cited marks; ii. The letter “S” at the frontal part of Trade Mark No. 300874431 is in a striking

stylization; iii. The letter “e” together with the two dots in the subject marks is visually different

from the ordinary capital letter “E” within each of the cited marks; and

9

iv. The subject marks are conceptually distinguishable from each of the cited marks in that each of the letters in “Semk” stands for “Simple design”, “emotional expression”, “meticulous quality” and “keys of Semk” respectively and all these words together constitute the applicant’s company objectives.

20. I do not agree. On the contrary, for the reasons set out below, I consider that the subject

marks are highly similar to each of the cited marks. 21. Visually, for each of the subject marks in series, I am aware that the letter “e” with the

two dots placed above it can be an alphabet in a foreign language. However, the relevant consumers are unlikely to be aware of this fact, and so they will not pay too much attention to or have any lasting memory of the two dots. Instead they will regard the letter “e” with the two dots placed above it as just an ordinary letter “e”. As such, they will regard the subject marks as a whole as mere “Semk” marks.

22. For Trade Mark No. 300874431, the word “SEMK” on the top is much larger in size than

the words “THE SEMK GROUP” underneath. It is therefore of considerable prominence and is the distinctive and dominant component. Though the red background against which the letter “S” is set is not negligible, the use of colours in trade marks is such a common phenomenon that it will not draw too much attention from the consumers. Further, there is nothing remarkable or unusual about the red colour adopted in the background against which the letter “S” is set. As such, the relevant consumers will pay much greater attention to the word “SEMK” itself. The words “THE SEMK GROUP” underneath further accentuate the impression conveyed by the distinctive and dominant word “SEMK” on top. The overall impression given by the mark as a whole is the word “SEMK”. Viewing the subject marks and Trade Mark No. 300874431 as wholes, I find that there is a high degree of visual similarity between them.

23. For Trade Mark No. 300874440, the word “SEMK” does not appear separately and

distinctly. Instead it is subsumed in the phrase “THE SEMK GROUP”. However, the words “THE” and “GROUP” accentuate the impression conveyed by the word “SEMK” as the distinctive and dominant component. The overall impression conveyed by the mark is still “SEMK”. On the whole, the subject marks are visually highly similar to Trade Mark No. 300874440.

10

24. Aurally, the subject marks will more likely be pronounced by the relevant consumers as one single word “Sem-k” with two syllables though it is still possible to be pronounced as four separate alphabets “S-e-m-k”.

25. For Trade Mark No. 300874431, as all the letters in “SEMK” at the top are represented in

upper case, the word “SEMK” at the top will likely be pronounced as four separate alphabets “S-E-M-K”. As such, the mark will be pronounced as “S-E-M-K THE S-E-M-K GROUP” or “S-E-M-K THE SEM-K GROUP”. Also, it is possible for the word “SEMK” on top to be pronounced as one single word “SEM-K” with two syllables. As such, it is possible for the mark to be pronounced as “SEM-K THE SEM-K GROUP”.

26. For Trade Mark No. 300874440, the word “SEMK” is of the same size as “THE” and

“GROUP”. The mark will more likely be pronounced as “THE SEM-K GROUP”, though it is still possible to be pronounced as “THE S-E-M-K GROUP”.

27. The subject marks and each of the cited marks therefore differ in the ways in which they

are pronounced. Nevertheless, the aural differences are not so significant that can help in distinguishing the subject marks from each of the cited marks.

28. Conceptually, the word “Semk”, which is the distinctive and dominant component in the

subject marks and each of the cited marks, is an invented word with no dictionary meaning. It is also worth noting that the argument of the applicant that the letters in the subject marks signify its company objective is of no assistance to the applicant. The relevant consumers will not be able to understand or interpret the subject marks in that manner. There is thus no conceptual difference that helps in distinguishing the subject marks from each of the cited marks.

29. I have compared the subject marks and each of the cited marks visually, aurally and

conceptually. Taking into account the similarities between the subject marks and each of the cited marks as well as the differences between them as wholes, and bearing in mind the perception of the average consumer of the objectionable goods and services, I consider that the similarities outweigh the dissimilarities. I find the subject marks and each of the cited marks to be highly similar to each other.

11

Comparison of goods and services 30. In British Sugar v James Robertson and Sons Ltd [1996] RPC 281 (at pages 296-7), Mr.

Justice Jacob (as he then was) found that the following factors were relevant in considering whether or not there is similarity in the goods or services at issue : (a) The respective uses of the respective goods or services; (b) The respective users of the respective goods or services; (c) The physical nature of the goods or acts of services; (d) The respective trade channels through which the goods or services reach the

market; (e) In the case of self-serve consumer items, where in practice they are respectively

found or likely to be found in supermarkets and in particular whether they are, or are likely to be, found on the same or different shelves; and

(f) The extent to which the respective goods or services are competitive. This inquiry may take into account how those in trade classify goods, for instance whether market research companies, who of course act for industry, put the goods or services in the same or different sectors.

31. It was also held in Canon Kabushiki Kaisha that in assessing the similarity of the goods

or services in question, all the relevant factors relating to those goods or services themselves should be taken into account. Those factors include, inter alia, their nature, end users, method of use as well as whether they are in competition with or are complementary to each other.

32. The specifications of the goods registered under Trade Mark No. 300874431 and Trade

Mark No. 300874440 (“the cited goods”) are identical. At the examination stage, it was pointed out to the applicant that the goods and services applied for are similar to the cited goods. The applicant had not raised any arguments to the contrary.

33. The cited goods cover different goods in Classes 7, 9, 10 and 11.

34. Goods can be considered as identical when the goods designated by the trade mark application are included in a more general category designated by the earlier mark, or vice versa (Meric v Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-133/05); Bowerbank’s Application [2008] ETMR 31).

12

Objectionable goods in Class 9 35. In light of the above principles, I consider that the objectionable goods in Class 9 in the

left column of the table below are identical to the cited goods in the corresponding right column :

The objectionable goods (in Class 9)

The cited goods

electric and electronic apparatus and instruments

Class 7

automatic citrus juicers, electric coffee

grinders, electric mills, electric mixers,

electric blenders, electric juice extractors,

electric knives, electric crushers, electric

food processors, electric fruit presses,

knitting machines, meat mincers, meat

choppers, molding machines, printing

machines, sharpening machines, shuttles

and washing machines, rechargeable power

handy vacuum cleaners Class 9 amplifiers, audio & video laser recorders & players, casette recorders & players, computers, disc players, printers, calculators, facsimile machine, electrically heated hair-curlers, laser disc players with sing-along devices, mini high fidelity apparatus, automatic vacuum cleaners, monitors, photo-copying machine, radios, teleprinters, televisions, telex machines, time recording machines, word processors, electric irons, electric dust removers, light dimmers

13

Class 10 blood-test instruments, electric massagers, infrared massagers, rechargeable massagers Class 11 bath heaters, electric sanitary machines, electric stoves, electric lamps, electric fruit roasters, coffee roasters, electric grills, electric griddles, electric coffee-filters, electric cookers, electric hand drying machine, electric dish dryers, electric evaporators, electric ovens, electric steamers, electric air dryers, electric hair dryers, electric urns, electric kettles, electric deep fryers, electric heaters, electric humidifiers, fan heaters, fans, light diffusers, oil-filling electric radiator, rechargeable flashlight, refrigerators, sandwich maker, steam facial sauna machine, toasters, waffle maker, water purifying machines, water filtering machines, water sterilizers, electric coffee makers, electric popcorn makers

photographic and cinematographic apparatus and instruments

Class 9 cameras

optical apparatus and instruments; spectacles; spectacles [optics]; glasses; sunglasses

Class 9 eyeglasses

measuring apparatus and instruments Class 9 time recording machines Class 10

blood-test instruments

14

teaching apparatus and instruments; recording discs; CD ROMs; DVD ROMS; CD ROMs and manuals sold together for use in education, entertainment, training and assessment, and kit comprised in whole or in part of such materials

Class 9

audio & video laser recorders & players,

compact discs, disc players, sound

recording discs

apparatus for recording, transmission or reproduction of sound or images

Class 7

printing machines

Class 9

amplifiers, audio & video laser recorders &

players, audio & video tape records,

cameras, casette recorders & players,

compact discs, disc players, printers,

facsimile machine, laser disc players with

sing-along devices, mini high fidelity

apparatus, monitors, photo-copying

machine, radios, sound recording discs,

magnetic tapes, audio and video tapes,

teleprinters, televisions magnetic data carriers Class 9

magnetic tapes, audio and video tapes calculating machines; calculators Class 9

calculators amusement apparatus for use with video monitors; digital video disc players

Class 9

audio & video laser recorders & players,

disc players, laser disc players with

sing-along devices visual display units or television receivers Class 9

audio & video laser recorders & players, monitors, televisions

data processing equipment and computers; mini computers

Class 9 computers

15

computer keyboards Class 9 computer keyboards

timers; cooking timers; egg timers Class 9 time recording machines

radios; FM stereo radio headsets; bath radios; radio combination with clocks

Class 9 radios

electric irons Class 9 electric irons

36. Comparing the rest of the objectionable goods in Class 9 and the cited goods, “computer

peripherals; USB (Universal Serial Bus) hubs; USB (Universal Serial Bus) flash memory sticks; USB (Universal Serial Bus) flash memory devices; USB (Universal Serial Bus) card readers; smart cards; computer hardware and peripherals; computer and video game joysticks and game controllers; computer game pads and controllers; computer mice and computer pointing devices” of the objectionable goods are all computer peripherals that are equipment connected to computers. “Computer keyboards, printers, teleprinters” in Class 9 of the cited goods are also computer peripherals. All these computer peripherals are used together with and complementary to “computers” of the cited goods in Class 9. There is also commonality in users. “Keyboard cushions; mouse pads, wrist rests for use with computers; bags and cases adapted for computer equipment” of the objectionable goods are used together with and complementary to “computer keyboards, computers” of the cited goods in Class 9. For the aforesaid respective goods, there is also commonality in trade channels. The respective goods are therefore similar to each other.

37. “Computer application programs; computer software; computer software for playing

video games and computer games” of the objectionable goods are all software. They cannot be used without computers. They are therefore similar in use and nature as and complementary to “computers” of the cited goods in Class 9. The users are also the same. Both computers and software are often sold by the same undertakings. Hence there is commonality in trade channels as well. The respective goods are therefore similar to each other.

38. “Electronic game equipment, electronic game communicating with a television or

computer for playing electronic games; video game apparatus for use with televisions and computers” in the subject application are used together with and complementary to

16

“computers, monitors, televisions” of the cited goods in Class 9. The respective goods are therefore similar to each other.

39. “Speakers; portable speakers; cushion speakers” in the subject application are pieces of

equipment through which sound comes out and can be made louder. They are similar in use and nature as “amplifiers” of the cited goods in Class 9. Also, the aforesaid objectionable goods are used together with and complementary to “audio & video laser recorders & players, casette recorders & players, laser disc players with sing-along devices” of the cited goods in Class 9. The users are also the same. The respective goods are therefore similar to each other.

40. “Wire wrappers” in the subject application are used together with and complementary to

some of the cited goods which come with wires, such as disc players and mini high fidelity apparatus. The users of these goods are also the same. The respective goods are therefore similar to each other.

41. Almost all of the cited goods come with user manuals. Some also have bags and cases

adopted specifically for their carriage or protection, such as cameras and magnetic tapes. Hence, “(electronic) user manuals; bags and cases adapted for electronic equipment” in the subject application are used together with and complementary to such of the cited goods. The users of these goods are also the same. The respective goods are therefore similar to each other.

42. “Headphones; bags and cases adapted for video and audio equipment” in the subject

application are used together with and complementary to “audio & video laser recorders & players, casette recorders & players, disc players, laser disc players with sing-along devices, mini high fidelity apparatus, monitors, radios, televisions” of the cited goods in Class 9. The respective goods are therefore similar to each other.

43. “CD holders” of the objectionable goods are used together with and complementary to

“compact discs, sound recording discs” of the cited goods in Class 9. The respective goods are therefore similar to each other.

44. “Spectacle frames; eyeglass chains and cords; bags and cases for glasses” of the

objectionable goods are used together with and complementary to “eyeglasses” of the cited goods in Class 9. The users are also the same. The respective goods are therefore

17

similar to each other. 45. “Bags and cases adapted for photographic equipment and cameras” in the subject

application are used together with and complementary to “cameras” of the cited goods in Class 9. The users of these goods are also the same. The respective goods are therefore similar to each other.

46. “Parts and fittings” for all the aforesaid goods in Class 9 in the subject application are

similar in use and nature as and are complementary to the corresponding cited goods. The respective goods are therefore similar to each other.

47. For the above reasons, I find that there is either identity or similarity between the

objectionable goods in Class 9 and the cited goods compared and listed above. Objectionable goods in Class 11 48. As for the objectionable goods in Class 11, I consider that such goods in the left column

of the table below are identical to the cited goods in the corresponding right column :

The objectionable goods (in Class 11)

The cited goods

apparatus for lighting purposes

Class 9 light dimmers Class 11 electric lamps, light diffusers

lamps; electric lamps; rechargeable night lights; night lights; decorative lights sets; electric lights for Christmas trees; lights for festive decoration; lanterns

Class 11 electric lamps

torches Class 11 rechargeable flashlight

apparatus for heating purposes Class 11 bath heaters, electric heaters, fan heaters

pocket warmers Class 11 electric heaters

18

apparatus for cooking purposes; cooking apparatus and installations; cooking utensils; electric cooking appliances

Class 7 automatic citrus juicers, electric coffee

grinders, electric mills, electric mixers,

electric blenders, electric juice extractors,

electric food processors, electric fruit

presses, meat mincers, meat choppers Class 11 cooking pots, cooking pans, electric stoves, electric fruit roasters, coffee roasters, electric grills, electric griddles, electric coffee-filters, electric cookers, electric ovens, electric steamers, electric urns, electric kettles, electric deep fryers, sandwich maker, toasters, waffle maker, electric coffee makers, electric popcorn makers

domestic ovens Class 11 electric ovens

bread toasters Class 11 toasters

coffee machines Class 7 electric coffee grinders Class 11 coffee roasters, electric coffee-filters, electric coffee makers

cookers Class 11 electric cookers

electric kettles Class 11 electric kettles

apparatus for refrigerating purposes; beverages cooling apparatus; refrigerators

Class 11 refrigerators

fans; electric fans Class 11 fans

19

apparatus for drying purposes Class 11 electric hand drying machine, electric dish dryers, electric evaporators, electric air dryers, electric hair dryers

hair dryers Class 11 electric hair dryers

apparatus for sanitary purposes Class 11 electric sanitary machines, filters for drinking water, filters for airconditioning, showers, water purifying machines, water closets, water filtering machines, water sterilizers

air purifying apparatus and machines; electric air purifiers

Class 11 electric sanitary machines, filters for airconditioning

49. “Toilet seats; toilet seat covers” of the objectionable goods are used together with and

complementary to “water closets” of the cited goods in Class 11. The users are also the same. The respective goods are therefore similar to each other.

50. “Parts and fittings” for all the aforesaid goods in Class 11 in the subject application are

similar in use and nature as and are complementary to the corresponding cited goods. The respective goods are therefore similar to each other.

51. For the above reasons, I find that there is either identity or similarity between the

objectionable goods in Class 11 and the cited goods compared and listed above.

Objectionable services in Class 35

52. The objectionable services are “the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods from retail outlets, through mail order catalogues or by means of electronic media or through web sites; retailing services and wholesaling services relating to household products, household cleaning devices, kitchenware, cooking utensils and cutlery, kitchen utensils and containers, small domestic utensils and containers, computer equipment and peripherals, audio and visual apparatus and

20

instruments, lighting appliances and fixtures, electrical and electronic appliances, domestic appliances, bathroom utensils and containers, home entertainment products, calculating machines; mail order services; retail services provided over the Internet and other local and global computer networks; departmental store services” in Class 35. As I have said, they are retailing and wholesaling services that relate to general merchandise and services which enable/facilitate purchases of goods. Although the comparison is between services on the one hand and specific goods covered by the registration of each of the cited marks on the other hand, the use, physical nature and users of the respective goods and services are the same or similar. Manufacturers of a particular type of goods often operate their own shops or stores for selling their own products. Hence, there is commonality in trade channels. All these factors show that the objectionable services are similar to the corresponding cited goods compared and listed above.

Likelihood of confusion 53. Under Section 12(3) of the Ordinance, likelihood of confusion refers to confusion on the

part of the public as to the trade origin of the goods or services in question. This is a matter of global appreciation taking into account all the relevant factors and judging it through the eyes of the average consumer of the goods or services.

54. As I have said, for wholesaling services that relate to general merchandise, the relevant

consumers are merchants and businessmen in Hong Kong who are interested in the retailing of such merchandise. For the rest of the objectionable goods and services, the relevant consumers are members of the general public in Hong Kong.

55. As set out in paragraph 14(f) above, there is a greater likelihood of confusion where the

earlier trade mark has a highly distinctive character, either per se or because of the use that has been made of it. As pointed out in the above, the word “SEMK”, which is the distinctive and dominant component in each of the cited marks, is an invented word with no dictionary meaning. Each of the cited marks is therefore highly distinctive.

56. Also, it is noted that the cited marks are owned by the same company and though there

are variations between the cited marks, they both comprise the words “THE SEMK GROUP”. The presence of such words in each of the cited marks suggests that there is a group of companies trading under the house mark of “SEMK”. Consumers will likely think that other variations incorporating the word “SEMK” will be used by the same

21

group. For the subject marks and each of the cited marks, the word “SEMK” is the distinctive and dominant component in common. I have also found that the respective marks are highly similar to each other. As such, despite the differences between the subject marks and each of the cited marks, I consider that consumers will be susceptible to the belief that each of the subject marks is another new variation that will be used by the same group of companies which owns the cited marks.

57. Having regard to the aforesaid, as well as the identity or similarity in the respective goods

and services compared above and the principles set out above, I consider that when the subject marks are used in relation to such objectionable goods and services of which the relevant consumers are members of the general public in Hong Kong, the relevant consumers would be confused into believing that the respective goods/services provided under the subject marks and each of the cited marks come from the same or economically-linked undertakings.

58. For wholesaling services that relate to general merchandise, a higher level of care and

attention can generally be expected of merchants and businessmen than members of the general public in Hong Kong. However, as such services do not necessarily involve expensive items and are not restricted to highly specialized goods, the level of care and attention of this group of consumers will not differ greatly from that can be expected of members of the general public. With this in mind and noting that merchants and businessmen also do not pay attention to every detail and only have their imperfect recollection to rely on as well as the identity of the distinctive and dominant component in the respective marks i.e. the word “SEMK”, there is still a likelihood of confusion if the subject marks are to be registered in respect of the objectionable services.

59. In the premises, registration of the subject marks is objectionable under Section 12(3) of

the Ordinance so far as the objectionable goods and services are concerned. Section 13(1) of the Ordinance 60. Although registration of the subject marks for the objectionable goods and services is

objectionable under Section 12(3) of the Ordinance, it should nonetheless be allowed if I am satisfied that there has been honest concurrent use of the subject marks and the cited marks or there are other special circumstances justifying registration of the subject marks under Section 13(1) of the Ordinance.

22

Section 13(1)(a) 61. According to the decision of the Court of First Instance in Hong Kong in Re CSS

Jewellery Co. Ltd. [2010] 2 HKLRD 890, the assessment of honest concurrent use under Section 13(1)(a) of the Ordinance involves a two-stage determination, which is :

(1) whether there has been an honest concurrent use of the mark in suit and the earlier trade mark; (2) if the answer to (1) is in the affirmative, whether after considering all relevant circumstances, including public interest, the Registrar's discretion should be exercised to accept the application for registration of the mark, despite the fact that the use of the mark in relation to the goods or services in question is likely to cause confusion on the part of the public.

62. The applicant’s evidence for the purpose of establishing honest concurrent use comprises

the Statutory Declaration which includes 3 exhibits. 63. The point of time for assessing honest concurrent use in the current case is the date of the

subject application i.e. 18 November 2010 (“the Application Date”). What I have to consider is therefore whether the applicant has established that there has been honest concurrent use of the subject marks and the cited marks as at the Application Date.

Stage (1) 64. To pass the examination in this stage, the applicant has to show that there had been use of

the subject marks as trade mark in Hong Kong in relation to the objectionable goods and services, that such use of the subject marks had been made concurrently with each of the cited marks and that such concurrent use had honestly been made. Assessment has to be made based on the evidence available. I now proceed to consider the Statutory Declaration and the exhibits thereto.

65. Honesty of the concurrent use is a matter that has to be considered in this stage. Mr.

Kwok has given an account for adopting the subject marks in paragraphs 3 and 4 of the Statutory Declaration. In paragraphs 3 and 4 of the Statutory Declaration, it was claimed that the subject marks were first used by the applicant in Hong Kong in relation

23

to the goods and services applied for in August 2001 and such use has been continuous since then. According to Mr. Kwok, at all times prior to being informed about the objection based on the cited marks at the examination stage, the applicant did not have any knowledge about the cited marks. On the evidence available, I have no reason to doubt the honesty of the applicant in using the subject marks.

66. At paragraph 5 of the Statutory Declaration, Mr. Kwok set out the annual sales

value/business turnover attributable to the subject marks in respect of the goods and services applied for in the Hong Kong market during the period from 2005 to 2009. Such figures ranged from HK$3,721,178 to HK$8,973,351. However, there is no breakdown of the figures for each item in the three different classes of the objectionable goods and services. Without such breakdown, I am not able to assess the amount of turnover and thus the extent of use, if at all, of the subject marks in respect of each item of the objectionable goods and services.

67. Mr. Kwok produced at Exhibit “KCK-1” of the Statutory Declaration copies of 4 invoices

and the corresponding packing lists in relation to the applicant’s goods (“the invoices and packing lists”), which relate to the period from 1 September 2006 to 21 January 2007. I can see the subject marks on some of the invoices and packing lists which relate to some of the objectionable goods in Class 9, namely, calculating machines, calculators, timers, speakers, portable speakers, radios and bath radios. However, the invoices and packing lists do not relate to any of the remaining items of the objectionable goods and services at all.

68. Further and more importantly, I note that the invoices and packing lists were all addressed

to two clients of the applicant that were located in Ancona of Italy and New York of the United States respectively. The sales prices for the goods involved were expressed in US currency. Hong Kong was not the destination of any of the goods involved; and on the last page of each of the invoices, there was a remark stating that the goods involved were made in China. On the invoice that was addressed to the client of the applicant in New York, it was stated that the goods were “F.O.B. Yantian” and the origin of the shipment concerned was China. This suggests that the goods were merely for export from China directly to New York. The evidence before me is therefore not able to show that they were sold to any consumers in Hong Kong.

24

69. Paragraph 6 of the Statutory Declaration comprises a list of the exhibitions and fairs in which the applicant alleged that it had taken part and promoted its products bearing the subject marks. There were a total of 25 such exhibitions and fairs which were held during the period from January 2002 to February 2012 in Germany, the United Kingdom, Japan, China and Hong Kong. 5 of such exhibitions and fairs took place after the Application Date. Among the 20 exhibitions and fairs which were conducted before the Application Date, 12 of them were conducted in Hong Kong and 8 of them were held in places other than Hong Kong. However, there is no information before me on whether any Hong Kong buyers had participated in such exhibitions and fairs held outside Hong Kong.

70. Mr. Kwok produced at Exhibit “KCK-2” of the Statutory Declaration 2 drawings showing

the design of the applicant’s booth in the Hong Kong Gifts & Premium Fair 2005 and 2 photos of the applicant’s booths. However, the 2 photos do not appear to show the aforesaid booths of the applicant in Hong Kong were set up prior to the Application Date. It appears from one photo that the booth was set up in 2011 which was posterior to the Application Date. For the other photo which is undated, I cannot see the subject marks at the booth.

71. According to paragraph 7 of the Statutory Declaration, the applicant promoted the subject

marks through the press, circulars to the relevant trades, exhibitions and posters. Samples of press advertisements have not been provided. Also, there is no information on the scale and extent of each of the said promotional activities, insofar as customers in Hong Kong are concerned. Mr. Kwok further set out the annual promotional expenses from 2005 to 2009 for the subject marks in connection with the goods applied for in Classes 9 and 11. The figures ranged from HK$381,779 to HK$595,747. However, there is no breakdown of the figures for the various objectionable goods. Furthermore, the figures relate to the goods applied for in Classes 9 and 11 only but not the services applied for.

72. Exhibit “KCK-3” of the Statutory Declaration is a copy of a series of promotional

materials which, according to Mr. Kwok, are in respect of the subject marks and have been distributed in Hong Kong. I note that a number of the documents are undated or dated after the Application Date, and the subject marks do not appear on some of them. Moreover, certain materials were in the Japanese language while the prices for goods appearing on some of the documents were represented in the UK currency. This

25

suggests that they were not catered for the Hong Kong market. It appears from one leaflet that the applicant was one of the sponsors for a carnival which took place in Shatin on 25 March 2007. Though the subject marks/the applicant’s name can be seen thereon, the leaflet does not show any references to goods or services at all. I am therefore not able to regard the leaflet as evidence of use of the subject marks in relation to the objectionable goods and services. All the aforesaid documents are therefore of little assistance to the subject application.

73. In the same exhibit there is a copy of the catalogues of the applicant’s products that cover

the period from 2002 to 2011 (“the Catalogues”). The Catalogues show the subject marks. However, the full range of the objectionable goods is not covered in the Catalogues. It is also not clear to whom in Hong Kong the Catalogues were distributed, how frequently they were so distributed or what the scale of distribution was.

74. On the totality of the evidence before me, the extent of use of the subject marks in Hong

Kong cannot therefore be reliably established. Contrary to what was claimed by the applicant, I cannot arrive at a conclusion that there had been such use of the subject marks in Hong Kong by the applicant in relation to the objectionable goods and services that would justify a finding of honest concurrent use. The answer in stage (1) of the assessment must therefore be in the negative and the claim for honest concurrent use must fail. Lest I be wrong in so finding, I now proceed to stage (2) of the assessment.

Stage (2) 75. The main discretionary considerations in deciding whether registration should be allowed

on honest concurrent use are set out in Pirie (1933) 50 RPC 147 and referred to in Re CSS Jewellery Co. Ltd. (at paragraph 39). Such considerations are :

(a) the extent of use in time and quantity and the area of the trade; (b) the degree of confusion likely to ensue from the resemblance of the marks which

is to a large extent indicative of the measure of public inconvenience; (c) the honesty of the concurrent use; (d) whether any incidents of confusion have in fact been proved; and (e) the relative inconvenience which would be caused if the mark were registered.

26

76. I shall consider the above five factors in turn, bearing in mind also that they are not exhaustive and all relevant circumstances ought to be considered (Re CSS Jewellery Co. Ltd., at paragraph 40).

The extent of use in time and quantity and the area of the trade 77. I have given an account of the extent of use of the subject marks in paragraphs 65 to 74

above. I have pointed out that on the evidence available, the extent of use of the subject marks in Hong Kong in respect of the objectionable goods and services, if at all, cannot be established. I cannot therefore find that this factor works in favour of the applicant.

The degree of confusion likely to ensue from the resemblance of the marks 78. I am aware that this is to a large extent indicative of the measure of public inconvenience.

If public inconvenience is unlikely, there would be no good reason to refuse the subject application.

79. The degree of confusion that will likely ensue in respect of the objectionable goods and

services has already been covered in paragraphs 53 to 58 above. In the circumstances, I consider that the degree of confusion and the measure of public inconvenience are high.

Honesty of the concurrent use 80. As pointed out in the above, I have no reason to doubt the honesty of the applicant in

using the subject marks. Incidents of confusion 81. Information on whether there have been any proved incidents of confusion is not

available. However, even if there have not been any such instances, I am not able to rule out the possibility that confusion has so far been avoided owing to the lack of substantial use of the subject marks in Hong Kong.

Relative inconvenience if the subject marks were registered 82. The owner of the cited marks will obviously be inconvenienced or prejudiced if another

27

party is allowed to register a highly similar mark in respect of the same or similar goods/services that may lead to a likelihood of confusion in Hong Kong. On the side of the applicant, it has not adduced evidence on the inconvenience that may arise should the subject application be refused.

Weighing of all relevant circumstances 83. Having considered the totality of the evidence and all relevant circumstances, and noting in

particular the lack of evidence to show substantial use of the subject marks in Hong Kong, I do not consider it appropriate to exercise my discretion to allow registration of the subject marks in respect of the objectionable goods and services on honest concurrent use under Section 13(1)(a) of the Ordinance.

Section 13(1)(b) 84. Pursuant to Section 13(1)(b) of the Ordinance, if by reason of other special circumstances it

is proper for a trade mark to be registered, an objection under Section 12(3) of the Ordinance can be overcome.

85. Nevertheless, on the evidence before me, I do not see any special circumstances which

would justify registration of the subject marks in respect of the objectionable goods and services. Thus, I do not allow the subject marks to be registered in respect of the objectionable goods and services pursuant to Section 13(1)(b) of the Ordinance.

Conclusion 86. I have considered all the documents filed on behalf of the applicant in respect of the

subject application. For the reasons stated above, the subject marks are precluded from registration under Section 12(3) of the Ordinance in respect of the objectionable goods and services. The application for registration of the subject marks in respect of the objectionable goods and services is accordingly refused under Section 42(4)(b) of the Ordinance.

87. As I find that registration of the subject marks can be accepted in respect of the

acceptable goods and services as indicated in paragraph 11 above, the application for registration in respect of such goods and services can proceed to publication, provided

28

that the applicant files, on or before 8 July 2013, a Form T5A to restrict the specification by deleting the objectionable goods and services. If the applicant fails to do so on or before 8 July 2013, it will be deemed to have abandoned the subject application.

(Albert Juan) for Registrar of Trade Marks 7 June 2013

29

Annex A Class 9 Electric, electronic, photographic, cinematographic, optical, weighting, measuring, teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnets; decorative magnets; magnetic data carriers, recording discs; calculating machines; amusement apparatus for use with video monitors; visual display units or television receivers; data processing equipment and computers; calculators; timers; cooking timers; egg timers, computer peripherals and computer application programs; USB (Universal Serial Bus) hubs; USB (Universal Serial Bus) flash memory sticks; USB (Universal Serial Bus) flash memory devices; USB (Universal Serial Bus) card readers; speakers; portable speakers; cushion speakers; wire wrappers; computer software; mini computers; digital video disc players; CD ROMs; DVD ROMS; radios; FM stereo radio headsets; bath radios; radio combination with clocks; headphones; telephones; mobile phones; smart cards; electronic game equipment, electronic game communicating with a television or computer for playing electronic games; video game apparatus for use with televisions and computers; computer software for playing video games and computer games; computer hardware and peripherals; computer keyboards; keyboard cushions; CD holders; computer and video game joysticks and game controllers; computer game pads and controllers; computer mice and computer pointing devices; mouse pads, wrist rests for use with computers; digital images and music [downloadable] from a computer network; (electronic) user manuals; CD ROMs and manuals sold together for use in education, entertainment, training and assessment, and kit comprised in whole or in part of such materials; spectacles; spectacles [optics]; spectacle frames; glasses; sunglasses; eyeglass chains and cords; bags and cases for glasses; bags and cases adapted for photographic, video, audio, electronic and computer equipment, mobile phones, cameras; desk-top holders for mobile phones; hand-free sets for mobile phones; being accessories for mobile phones; electric irons; parts and fittings for the aforesaid goods; all included in Class 9. Class 11 Apparatus for lighting, heating, cooking, refrigerating, drying, and sanitary purposes; air purifying apparatus and machines; lamps; electric lamps; rechargeable night lights; night lights; decorative lights sets; domestic ovens; bread toasters; beverages cooling apparatus; refrigerators; electric lights for Christmas trees; lights for festive decoration; coffee machines; cookers; cooking apparatus and installations; cooking utensils; electric

30

cooking appliances; hair dryers; torches, fans; electric fans; electric kettles; lanterns; pocket warmers; toilet seats; toilet seat covers; electric air purifiers; lighters; parts and fittings for the aforesaid goods; all included in Class 11. Class 35 The bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods from retail outlets, through mail order catalogues or by means of electronic media or through web sites; retailing services and wholesaling services relating to stationery articles, cards, books, photographs, toys and playthings, household products, household cleaning devices, kitchenware, cooking utensils and cutlery, brushware, clocks and watches, jewelry, Christmas decorations, clothing, footwear and headgear, clothing accessories, kitchen utensils and containers, small domestic utensils and containers, leather and imitated leather goods, luggage, bags, umbrellas, computer equipment and peripherals, mobile phone accessories, audio and visual apparatus and instruments, lighting appliances and fixtures, electrical and electronic appliances, domestic appliances, bathroom utensils and containers, furniture, mirrors, home entertainment products, beddings, cushions, textile towels, toiletries, candies, foodstuffs, calculating machines; mail order services; retail services provided over the Internet and other local and global computer networks; sales promotion for others; advertising; direct mail advertising; dissemination of advertising matter; leasing and rental of advertising materials and/or space; publication of publicity texts; business management and organization consultancy; commercial or industrial management assistance; organization of trade fairs and exhibitions for commercial or advertising purposes; display services for merchandise; marketing and promotional services; presentation of goods on communication media, for retail purposes; demonstration of goods for promotional or advertising purposes; import and/or export agency services; window dressing; on-line advertising on a computer network; departmental store services; administration of the business affairs of license and franchise; provision of business assistance in the operation and establishment of franchise; all included in Class 35.

31

Annex B

Trade mark : Registration no. : 300218006

Class 11

apparatus for lighting, heating, steam generating, cooking, refrigerating, drying,

ventilating, water supply and sanitary purposes.

Trade mark :

Registration no. : 300874431

Class 7

Automatic Citrus Juicers, Electric Coffee Grinders, Electric Mills, Electric Mixers,

Electric Blenders, Electric Juice Extractors, Electric Knives, Electric Crushers, Electric

Food Processors, Electric Fruit Presses, Knitting Machines, Meat Mincers, Meat

Choppers, Molding Machines, Printing Machines, Sharpening Machines, Shuttles and

Washing Machines, Rechargeable Power Handy Vacuum Cleaners, vacuum bag sealers.

Class 9

Amplifiers, Audio & Video Laser Recorders & Players, Audio & Video Tape Records,

Cameras, Casette Recorders & Players, Compact Discs, Computer Keyboards,

Computers, Disc Players, Printers, Calculators, Eyeglasses, Facsimile Machine,

Electrically Heated Hair-Curlers, Laser Disc Players with Sing-Along Devices, Mini

High Fidelity Apparatus, Automatic Vacuum Cleaners, Monitors, Photo-copying Machine,

32

Radios, Sound recording Discs, Magnetic Tapes, Audio and Video Tapes; Teleprinters,

Televisions, Telex Machines, Time Recording Machines, Word Processors, Electric Irons,

Electric Dust Removers, Light Dimmers.

Class 10

Blood-Test Instruments, Electric Massagers, Infrared Massagers, Rechargeable

Massagers.

Class 11

Bath Heaters, Cooking Pots, Cooking Pans, Electric Sanitary Machines, Electric Stoves,

Electric Lamps, Electric Fruit Roasters, Coffee Roasters, Electric Grills, Electric Griddles,

Electric Coffee-Filters, Electric Cookers, Electric Hand Drying Machine, Electric Dish

Dryers, Electric Evaporators, Electric Ovens, Electric Steamers, Electric Air Dryers,

Electric Hair Dryers, Electric Urns, Electric Kettles, Electric Deep Fryers, Electric

Heaters, Electric Humidifiers, Fan Heaters, Fans, Filters for drinking water, Filters for

airconditioning, Hot Water Bottles, Light Diffusers, Oil-filling Electric Radiator,

Rechargeable Flashlight, Refrigerators, Sandwich Maker, Showers, Steam Facial Sauna

Machine, Toasters, Waffle Maker, Water Purifying Machines, Water Closets, Water

Filtering Machines, Water Sterilizers, Electric Coffee Makers, Electric Popcorn Markers.

Trade mark :

Registration no. : 300874440

Class 7

Automatic Citrus Juicers, Electric Coffee Grinders, Electric Mills, Electric Mixers,

Electric Blenders, Electric Juice Extractors, Electric Knives, Electric Crushers, Electric

Food Processors, Electric Fruit Presses, Knitting Machines, Meat Mincers, Meat

Choppers, Molding Machines, Printing Machines, Sharpening Machines, Shuttles and

Washing Machines, Rechargeable Power Handy Vacuum Cleaners, vacuum bag sealers.

33

Class 9

Amplifiers, Audio & Video Laser Recorders & Players, Audio & Video Tape Records,

Cameras, Casette Recorders & Players, Compact Discs, Computer Keyboards,

Computers, Disc Players, Printers, Calculators, Eyeglasses, Facsimile Machine,

Electrically Heated Hair-Curlers, Laser Disc Players with Sing-Along Devices, Mini

High Fidelity Apparatus, Automatic Vacuum Cleaners, Monitors, Photo-copying Machine,

Radios, Sound recording Discs, Magnetic Tapes, Audio and Video Tapes; Teleprinters,

Televisions, Telex Machines, Time Recording Machines, Word Processors, Electric Irons,

Electric Dust Removers, Light Dimmers.

Class 10

Blood-Test Instruments, Electric Massagers, Infrared Massagers, Rechargeable

Massagers.

Class 11

Bath Heaters, Cooking Pots, Cooking Pans, Electric Sanitary Machines, Electric Stoves,

Electric Lamps, Electric Fruit Roasters, Coffee Roasters, Electric Grills, Electric Griddles,

Electric Coffee-Filters, Electric Cookers, Electric Hand Drying Machine, Electric Dish

Dryers, Electric Evaporators, Electric Ovens, Electric Steamers, Electric Air Dryers,

Electric Hair Dryers, Electric Urns, Electric Kettles, Electric Deep Fryers, Electric

Heaters, Electric Humidifiers, Fan Heaters, Fans, Filters for drinking water, Filters for

airconditioning, Hot Water Bottles, Light Diffusers, Oil-filling Electric Radiator,

Rechargeable Flashlight, Refrigerators, Sandwich Maker, Showers, Steam Facial Sauna

Machine, Toasters, Waffle Maker, Water Purifying Machines, Water Closets, Water

Filtering Machines, Water Sterilizers, Electric Coffee Makers, Electric Popcorn Markers.