Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 11

Absolute grounds for refusal of registration

Grounds for refusal of registration

(1) Subject to subsection (2), the following shall not be registered-

   (a)  signs which do not satisfy the requirements of section 3(1)

        (meaning of "trade mark");


   (b)  trade marks which are devoid of any distinctive character;

   (c)  trade marks which consist exclusively of signs which may serve, in
        trade or business, to designate the kind, quality, quantity, intended
        purpose, value, geographical origin, time of production of goods or
        rendering of services, or other characteristics of goods or services;
        and

   (d)  trade marks which consist exclusively of signs which have become
        customary in the current language or in the honest and established
        practices of the trade.

(2) A trade mark shall not be refused registration by virtue of subsection
(1)(b), (c) or (d) if, before the date of application for registration, it has
in fact acquired a distinctive character as a result of the use made of it.

(3) A sign shall not be registered as a trade mark in relation to goods if it
consists exclusively of-

   (a)  the shape that results from the nature of the goods themselves;

   (b)  the shape of goods that is necessary to obtain a technical result; or

   (c)  the shape that gives substantial value to the goods.

(4) A trade mark shall not be registered if it is-

   (a)  contrary to accepted principles of morality; or

   (b)  likely to deceive the public.

(5) A trade mark shall not be registered if, or to the extent that-

   (a)  its use is prohibited in Hong Kong under or by virtue of any law; or

   (b)  the application for registration of the trade mark is made in bad
        faith.

(6) A trade mark shall not be registered if, or to the extent that, it
consists of or contains-

   (a)  the national flag or its design;

   (b)  the national emblem or its design;

   (c)  the regional flag or its design; or

   (d)  the regional emblem or its design.

(7) A trade mark shall not be registered in the cases specified in section 64
(national emblems, etc.) and section 65 (emblems, etc., of certain
international organizations).

(8) Where the grounds for the refusal of registration exist in respect of only
some of the goods or services for which the application for registration is
made, the refusal shall apply to those goods or services only.

(9) For the purposes of subsection (6)-

"national flag" (國旗) and "national emblem" (國徽) have the same meaning
as in the National Flag and National Emblem Ordinance (116 of 1997)*;

"regional flag" (區旗) and "regional emblem" (區徽) have the same meaning
as in the Regional Flag and Regional Emblem Ordinance (117 of 1997)*.
___________________________________________________________________________
______ Note:

* 116 of 1997 and 117 of 1997 are published at pages 16/1 and 20/1
respectively in Volume 1 of the Loose-leaf Edition of the Laws of Hong Kong
but has not been given chapter numbers in that Edition. The texts of 116 of
1997 and 117 of 1997 can also be found in this database under the
unofficial "chapter" nos. 2401 and 2602 respectively, which are assigned to
that instrument for identification purposes only.

"national flag" (國旗) and "national emblem" (國徽)

"regional flag" (區旗) and "regional emblem" (區徽)