Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 9

Trade marks registrable in Part A

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

(1) A trade mark (other than a certification trade mark) to be registrable in
Part A of the register shall contain or consist of at least one of the
following essential particulars-

   (a)  the name of a company, individual, or firm, represented in a special
        or particular manner;

   (b)  the signature (in other than Chinese characters) of the applicant for
        registration or of some predecessor in his business;

   (c)  an invented word or invented words;

   (d)  a word or words having no direct reference to the character or quality
        of the goods or services, as the case may be, and not being according
        to its ordinary signification a geographical name or a surname;
        (Amended 44 of 1991 s. 7)

   (e)  any other distinctive mark, but a name, signature, or word or words,
        other than such as fall within the descriptions in paragraphs (a),

   (b)  , (c) and (d), shall not be registrable under the provisions of this
        paragraph except upon evidence of its distinctiveness.

(2) For the purposes of this section, "distinctive" (顯著) means-

   (a)  in the case of a trade mark relating to goods, adapted in relation to
        the goods in respect of which the trade mark is registered or proposed
        to be registered, to distinguish goods with which the proprietor of
        the trade mark is or may be connected, in the course of trade, from
        goods in the case of which no such connection subsists; or

   (b)  in the case of a trade mark relating to services, adapted in relation
        to the services in respect of which the trade mark is registered or
        proposed to be registered, to distinguish services with the provision
        of which the proprietor is or may be connected, in the course of
        business, from services with the provision of which he is not so
        connected, either generally or, where the trade mark is registered or
        proposed to be registered subject to limitations, in relation to use
        within the extent of the registration. (Replaced 44 of 1991 s. 7)

(3) In determining whether a trade mark is adapted to distinguish as aforesaid
the tribunal may have regard to the extent to which-

   (a)  the trade mark is inherently adapted to distinguish as aforesaid; and

   (b)  by reason of the use of the trade mark or of any other circumstances,
        the trade mark is in fact adapted to distinguish as aforesaid. [cf.
        1938 c. 22 s. 9 U.K.] "distinctive" (顯著)