Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 19

Exceptions to infringement

(1) This section applies notwithstanding section 18 (infringement of
registered trade mark).

(2) A registered trade mark is not infringed by the use of another
registered trade mark in relation to goods or services for which the latter is
registered (but see section 53(9) for the effect of a declaration of
invalidity of registration).

(3) A registered trade mark is not infringed by-

   (a)  the use by a person of his own name or address or the name of his
        place of business;

   (b)  the use by a person of the name of his predecessor in business or the
        name of his predecessor's place of business;

   (c)  the use of signs which serve 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; or

   (d)  the use of the trade mark where it is necessary to indicate the
        intended purpose of goods or services (for example, as accessories or
        spare parts), provided the use is in accordance with honest practices
        in industrial or commercial matters.

(4) A registered trade mark is not infringed by the use by any person in the
course of trade or business in Hong Kong of an unregistered trade mark or
other sign in relation to goods or services if the unregistered trade mark or
other sign has been so used in Hong Kong by that person or a predecessor in
title continuously from a date preceding the earlier of-

   (a)  the date of first use in Hong Kong of the trade mark which is
        registered; and

   (b)  the date of registration in Hong Kong of that trade mark.