Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 13

Honest concurrent use, etc.

(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).