Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

(1) In this Ordinance, unless the context otherwise requires- "assignment"
(轉讓) means assignment by act of the parties concerned; "certification
trade mark" (證明商標) means a mark registered or deemed to have been
registered under section 64; (Added 44 of 1991 s. 2) "defensive trade mark"
(防禦商標) means a mark registered under section 55 or 55A; (Added 44 of
1991 s. 2) "limitations" (限制) means any limitations of the exclusive right
to the use of a trade mark given by the registration of a person as proprietor
of the trade mark, including limitations of that right as to mode of use or as
to use,-

   (a)  in the case of a trade mark relating to goods, in relation to-

        (i)    goods to be sold, or otherwise traded in, within Hong Kong; or

        (ii)   goods to be exported to any market outside Hong Kong; and

   (b)  in the case of a trade mark relating to services, in relation to-

        (i)    services for use or available for acceptance within Hong Kong;
               or

        (ii)   services for use in any place outside Hong Kong; (Replaced 44
               of 1991 s. 2) "mark" (標記) means any sign that is visually
               perceptible and capable of being represented graphically and
               may, in particular, consist of words, personal names, letters,
               numerals, figurative elements or combination of colours, and
               includes any combination of such signs; (Replaced 11 of 1996 s.
               18) "permitted use" (許可使用) has the meaning assigned to
               it by section 58(1); "prescribed" (訂明) means, in relation
               to proceedings before the Court or preliminary thereto or
               connected therewith, prescribed by this Ordinance or by the
               rules made thereunder or by rules of court and, in other cases,
               prescribed by this Ordinance or by the rules made thereunder;
               "provision" (提供), in relation to services, means their
               provision, whether or not for money or money's worth; (Added 44
               of 1991 s. 2) "register" (註冊紀錄冊) means the register
               of trade marks kept under this Ordinance; "registered trade
               mark" (註冊商標) means a trade mark which is actually on
               the register; "registered user" (註冊使用人) means a
               person who is for the time being registered as such under
               section 58; "registrable trade mark" (可註冊商標) means a
               trade mark which is capable of registration under the
               provisions of this Ordinance; "Registrar" (處長) means the
               Registrar of Trade Marks appointed by the Governor; (Replaced
               35 of 1990 s. 10) "seal" (印章) means the seal of the
               Registrar kept in the Trade Marks Registry Hong Kong, having a
               device and impression of the Royal Arms with a label
               surrounding the same and the inscription "Registrar of Trade
               Marks, Hong Kong", and hitherto used by the Registrar of Trade
               Marks since 10 December 1909; "trade mark" (商標) means
               (except in the expressions "trade mark relating to goods",
               "trade mark relating to services", "defensive trade mark" and
               "certification trade mark") a trade mark relating to goods or a
               trade mark relating to services; (Replaced 44 of 1991 s. 2)
               "trade mark relating to goods" (貨品商標) means a mark used
               or proposed to be used in relation to goods for the purpose of
               indicating, or so as to indicate, a connection in the course of
               trade between the goods and some person having the right either
               as proprietor or as registered user to use the mark, whether
               with or without any indication of the identity of that person;
               (Added 44 of 1991 s. 2) "trade mark relating to services"
               (服務商標) means a mark used or proposed to be used in
               relation to services for the purpose of indicating, or so as to
               indicate, that a particular person is connected, in the course
               of business, with the provision of those services, whether with
               or without any indication of the identity of that person;
               (Added 44 of 1991 s. 2) "transmission" (傳轉) means
               transmission by operation of law, devolution on the personal
               representative of a deceased person, and any other mode of
               transfer not being assignment; "tribunal" (審裁處) means the
               Court or the Registrar.

(2) References in this Ordinance to-

   (a)  the use of a mark shall be construed as references to the use of a
        printed or other visual representation of the mark;

   (b)  the use of a mark in relation to goods shall be construed as
        references to the use of the mark upon, or in physical or other
        relation to, goods; and

   (c)  the use of a mark in relation to services shall be construed as
        references to the use of the mark as or as part of any statement about
        the availability or performance of services or otherwise in relation
        to services. (Replaced 44 of 1991 s. 2)

(3) For the purposes of this Ordinance, goods and services are associated with
each other if it is likely that those goods might be sold or otherwise traded
in and those services might be provided by the same business, and a
description of goods and a description of services are associated with each
other if it is likely that the description of goods might be sold or otherwise
traded in and the description of services might be provided by the same
business. (Added 44 of 1991 s. 2)

(4) References in this Ordinance to a near resemblance of marks are references
to a resemblance so near as to be likely to deceive or cause confusion. (Added
44 of 1991 s. 2)

(5) For the purposes of this Ordinance, a person who provides services that
are ancillary to a trade or business of that person may be regarded as being
connected, in the course of business, with the provision of those services.
(Added 44 of 1991 s. 2) [cf. 1938 c. 22 s. 68 U.K.] "assignment" (轉讓)
"certification trade mark" (證明商標) "defensive trade mark"
(防禦商標) "limitations" (限制) "mark" (標記) "permitted use"
(許可使用) "prescribed" (訂明) "provision" (提供) "register"
(註冊紀錄冊) "registered trade mark" (註冊商標) "registered user"
(註冊使用人) "registrable trade mark" (可註冊商標) "Registrar"
(處長) "seal" (印章) "trade mark" (商標) "trade mark relating to goods"
(貨品商標) "trade mark relating to services" (服務商標) "transmission"
(傳轉) "tribunal" (審裁處)