Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 18

Infringement of registered trade mark

Infringing acts

(1) A person infringes a registered trade mark if he uses in the course of
trade or business a sign which is identical to the trade mark in relation to
goods or services which are identical to those for which it is registered.

(2) A person infringes a registered trade mark if-

   (a)  he uses in the course of trade or business a sign which is identical
        to the trade mark in relation to goods or services which are similar
        to those for which it is registered; and

   (b)  the use of the sign in relation to those goods or services is likely
        to cause confusion on the part of the public.

(3) A person infringes a registered trade mark if-

   (a)  he uses in the course of trade or business a sign which is similar to
        the trade mark in relation to goods or services which are identical or
        similar to those for which it is registered; and

   (b)  the use of the sign in relation to those goods or services is likely
        to cause confusion on the part of the public.

(4) A person infringes a registered trade mark if-

   (a)  he uses in the course of trade or business a sign which is identical
        or similar to the trade mark in relation to goods or services which
        are not identical or similar to those for which the trade mark is
        registered;

   (b)  the trade mark is entitled to protection under the Paris  Convention
        as a well-known trade mark; and

   (c)  the use of the sign, being without due cause, takes unfair advantage
        of, or is detrimental to, the distinctive character or repute of the
        trade mark.

(5) For the purposes of this section a person uses a sign if, in particular,
he-

   (a)  applies it to goods or their packaging;

   (b)  offers or exposes goods for sale under the sign;

   (c)  puts goods on the market under the sign;

   (d)  stocks goods under the sign for the purpose of offering or exposing
        them for sale or of putting them on the market;

   (e)  offers or supplies services under the sign;

   (f)  imports or exports goods under the sign; or

   (g)  uses the sign on business papers or in advertising.

(6) Notwithstanding subsection (5), a person who applies or causes to be
applied a registered trade mark, or a sign similar to a registered 
trade mark, to material which is intended to be used-

   (a)  for labelling or packaging goods;

   (b)  as a business paper; or

   (c)  for advertising goods or services, shall be treated as a party to any
        use of the material which infringes the  registered trade mark if, at
        the time the trade mark or sign was applied to the material, he knew
        or had reason to believe that its application to the material was not
        authorized by the owner of the registered trade mark or by a licensee.