- Chapter: 559 TRADE MARKS ORDINANCE
- PART I - PRELIMINARY
- Section: 1 Short title
- Section: 2 Interpretation
- Section: 3 Meaning of "trade mark"
- Section: 4 Meaning of "well-known trade mark"
- Section: 5 Meaning of "earlier trade mark"
- Section: 6 References to use of trade mark or sign
- Section: 7 References to use likely to cause confusion
- Section: 8 Meaning of "the register" and "registration"
- Section: 9 Ordinance binds Government
- PART II - REGISTERED TRADE MARKS
- PART III - INFRINGEMENT OF REGISTERED TRADE MARKS
- PART IV - REGISTERED TRADE MARKS AS OBJECTS OF PROPERTY
- PART V - LICENSING OF REGISTERED TRADE MARKS
- PART VI - APPLICATION AND REGISTRATION PROCEDURES
- PART VII - PROCEEDINGS AFFECTING REGISTRATION
- PART VIII - DEFENSIVE TRADE MARKS, COLLECTIVE MARKSAND CERTIFICATION MARKS
- PART IX - PARIS CONVENTION AND WORLD TRADE ORGANIZATION AGREEMENT: SUPPLEMENTARY PROVISIONS
- Section: 63 Well-known trade marks: Article 6bis of Paris Convention
- Section: 64 National emblems, etc.: Article 6ter of Paris Convention
- Section: 65 Emblems, etc., of certain international organizations: Article 6ter of Paris Convention
- Section: 66 Notification under Article 6ter of Paris Convention
- PART X - ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS
- The register of trade marks
- Powers and duties of Registrar
- Section: 70 Decisions of Registrar to be taken after hearing
- Section: 71 Registrar's powers in proceedings before the Registrar
- Section: 72 Power to give preliminary advice, etc.
- Section: 73 Power to specify official journal, etc.
- Section: 74 Power to require use of forms
- Section: 75 Immunity of Registrar as regards official acts
- Legal proceedings, appeals and related matters
- Section: 76 Language of proceedings before Registrar
- Section: 77 Procedure in case of option to apply to court or Registrar
- Section: 78 Application of rules of evidence
- Section: 79 Register is prima facie evidence
- Section: 80 Registration is prima facie evidence of validity, etc.
- Section: 81 Certificate of validity of contested registration
- Section: 82 Burden in civil proceedings of proving use of trade mark
- Section: 83 Registrar's appearance in proceedings involving the register
- Section: 84 Appeals from decisions or orders of Registrar
- Section: 85 General powers of court
- Section: 86 Costs of proceedings before court
- Section: 87 Costs of proceedings before Registrar
- Miscellaneous matters
- PART XI - SUBSIDIARY LEGISLATION
- PART XII - OFFENCES
- PART XIII - TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS AND REPEALS
- Schedule: 1 - PARIS CONVENTION COUNTRIES AND WTO MEMBERS
- Schedule: 2 - DETERMINATION OF WELL-KNOWN TRADE MARKS
- Schedule: 3 - COLLECTIVE MARKS
- General
- Signs of which a collective mark may consist
- Indication of geographical origin
- Mark not to be misleading as to character or significance
- Regulations governing use of collective mark
- Approval of regulations by Registrar
- Regulations to be open to inspection
- Amendment of regulations
- Infringement: rights of authorized users
- Grounds for revocation of registration
- Grounds for invalidity of registration
- Schedule: 4 - CERTIFICATION MARKS
- General
- Signs of which a certification mark may consist
- Indication of geographical origin
- Nature of owner's trade or business
- Mark not to be misleading as tocharacter or significance
- Regulations governing use of certification mark
- Approval of regulations, etc.
- Regulations to be open to inspection
- Amendment of regulations
- Consent to assignment of registered certification mark
- Infringement: rights of authorized users
- Grounds for revocation of registration
- Grounds for invalidity of registration
- Schedule: 5 - TRANSITIONAL MATTERS
- Preliminary
- Existing registered marks
- Effects of registration-infringement
- Infringing goods, material or articles
- Rights and remedies of licensee or authorized user
- Co-ownership of registered mark
- Assignment, etc. of registered mark
- Licensing of registered mark
- Pending applications for registration
- Conversion of pending application
- Trade marks registered according to old classification
- Claim to priority
- Duration and renewal of registration
- Pending application for alteration of registered mark
- Revocation for non-use
- Application for rectification, etc.
- Regulations as to use of certification mark
- Certificate of validity of contested registration
- ANNEX
- PROVISIONS OF THE REPEALED TRADE MARKS ORDINANCE (CAP 43) REFERRED TO IN SCHEDULE 5 (TRANSITIONAL MATTERS) AND OTHER RELEVANT PROVISIONS OF THE REPEALED ORDINANCE (AS IN OPERATION IMMEDIATELY BEFORE ITS REPEAL BY SECTION 99 OF THIS ORDINANCE)
- 2. Interpretation
- 9. Trade marks registrable in Part A
- 10. Trade marks registrable in Part B
- 14. Advertisement of application
- 15. Opposition to registration
- 16. Registration subject to disclaimer
- 19. Jointly owned trade marks relating to goods
- 19A. Jointly owned trade marks relating to services
- 22. Concurrent use
- 24. Associated trade marks
- 25. Combined trade marks
- 26. Series of trade marks
- 37. Removal from register and imposition of limitations on ground of non-use
- 43. Registration of assignments and transmissions
- 48. General power to rectify entries in register
- 49. Power to expunge or vary registration for breach of condition
- 50. Correction of register
- 51. Alteration of registered trade mark
- 56. Defensive trade marks to be registered as associated trade marks
- 58. Registration as a registered user.Meaning of "permitted use"
- 59. Proceedings for infringement
- 60. Variation or cancellation of registration as a registered user
- 62. Registrar's decision subject to appeal to Court
- 63. Right to use not assignable or transmissible
- 64. Marks registrable as certification trade marks
- 65. Application for registration as certification trade mark
- 75. Certificate of validity
- 76. Trade usage, etc., to be considered
- 92. Transitional provisions relating to the Intellectual Property (World Trade OrganizationAmendments) Ordinance 1996
- PROVISIONS OF THE REPEALED TRADE MARKS ORDINANCE (CAP 43) REFERRED TO IN SCHEDULE 5 (TRANSITIONAL MATTERS) AND OTHER RELEVANT PROVISIONS OF THE REPEALED ORDINANCE (AS IN OPERATION IMMEDIATELY BEFORE ITS REPEAL BY SECTION 99 OF THIS ORDINANCE)
- Schedule: 6 (Omitted as spent)
- PART I - PRELIMINARY
(Date of this copy: 25/04/2003)
Chapter: 559 TRADE MARKS ORDINANCE
Long title
An Ordinance to make new provision in respect of the registration of trade marks and to provide for connected matters.
[4 April 2003] L.N. 31 of 2003
(Originally 35 of 2000)
PART I
PRELIMINARY
Section: 1 Short title
(1) This Ordinance may be cited as the Trade Marks Ordinance.
(2) (Omitted as spent)
Section: 2 Interpretation
(1) In this Ordinance, unless the context otherwise requires-
"certification mark" (□□□) has the meaning assigned by section 62(1) (certification marks);
"certified" (□□□), in relation to a copy or extract, means certified by the Registrar and sealed with
the seal of the Registrar;
"collective mark" (□□□) has the meaning assigned by section 61(1) (collective marks);
"corporation" (□□□) means any company or other body corporate, incorporated or formed either
in Hong Kong or elsewhere;
"court" (□□□) means the Court of First Instance;
"defensive trade mark" (□□□) means a trade mark registered as a defensive trade mark
under section 60 (defensive trade marks);
"infringement proceedings" (□□□), in relation to a registered trade mark, includes proceedings under section 23 (order for delivery up) and section 25 (order for disposan( �
"limitation" (□□□) means any limitation of the exclusive right to the use of a trade mark given by
the registration of a person as owner of the trade mark;
"official journal" (□□□) means the publication for the time being specified under section
73(1) (power to specify official journal, etc.) as the official journal of record;
"owner" (□□□), in relation to a registered trade mark, means the person whose name is for the
time being entered in the register as the owner of the trade mark or, if there are 2 or more such persons, each of those persons;
"Paris Convention" (□□□) means the Convention for the Protection of Industrial Property signed at Paris on 20 March 1883, as revised or amended from time to time;
"Paris Convention country" (□□□) means-
(a) any country for the time being specified in Schedule 1 as being a country which has acceded to the Paris Convention;
(b) any territory or area subject to the authority or under the suzerainty of any country referred to in paragraph (a), or any territory or area administered by any such country, on behalf of which such country has acceded to the Paris Convention;
"prescribed" (□□□) means prescribed or provided for by the rules;
"registered trade mark" (□□□) means a trade mark registered under section 47 (registration);
"Registrar" (□□□) means the Registrar of Trade Marks;
"Registrar of Trade Marks" (□□□) means the person holding that office by virtue of the Director of Intellectual Property (Establishment) Ordinance (Cap 412);
"Registry" (□□□) means the Trade Marks Registry in the Intellectual Property Department administered by the Registrar;
"rules" (□□□)means rules made by the Registrar under section 91 (rules);
"trade" (□□□) includes a profession;
"World Trade Organization Agreement" (□□□) means the agreement of that name done at Marrakesh in 1994, as revised or amended from time to time;
"WTO member" (□□□) means any country, territory or area for the time being specified in
Schedule 1 as being a country, territory or area which has acceded to the World Trade Organization Agreement.
(2) For the purposes of this Ordinance, a sign or trade mark is taken to be applied to goods, material or any other thing if it is woven in, impressed on, worked into, affixed or annexed to, or in any manner marked on or incorporated with, the goods, material or thing.
(3) The expressions listed in the left-hand column below are defined in, or fall to be construed in accordance with, the provisions of this Ordinance listed in the right-hand column in relation to those expressions.
Expression Relevant Provision
Convention application (□□□) section 41(9)
date of application for registration (□□□) section 39(3)
date of registration (□□□) section 48
earlier right (□□□) section 12(5)
earlier trade mark (□□□) section 5
Exclusive licence (□□□) section 32
Exclusive licensee (□□□) section 32
filing date (□□□) section 39(1)
Infringement (□□□) section 16
Infringing articles (□□□) section 17(4)
Infringing goods (□□□) section 17(2)
Infringing material (□□□) section 17(3)
licence (□□□) section 32
licensee (□□□) section 32
owner of an earlier right (□□□) section 12(5)
owner of a well-known trade mark
(□□□) section 4(3)
the register (□□□) section 8(1)
Registrable transaction (□□□) section 29(2)
Registration (□□□) section 8(2)
series of trade marks (□□□) section 51(3)
trade mark (□□□) section 3
use (of sign) (□□□) section 18(5)
use (of trade mark or sign) (□□□) section 6
use (likely to cause confusion)