Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 2

Interpretation

(1) In this Ordinance, unless the context otherwise requires-

"certification mark" (證明商標) has the meaning assigned by section 62(1)

(certification marks);

"certified" (核證), in relation to a copy or extract, means certified by the
Registrar and sealed with the seal of the Registrar;

"collective mark" (集體商標) has the meaning assigned by section 61(1)

(collective marks);

"corporation" (法團) means any company or other body corporate, incorporated
or formed either in Hong Kong or elsewhere;

"court" (法院) means the Court of First Instance;

"defensive trade mark" (防禦商標) means a trade mark registered as a
defensive  trade mark under section 60 (defensive trade marks);

"infringement proceedings" (反侵犯法律程序), in relation to a
registered trade  mark, includes proceedings under section 23 (order for
delivery up) and section 25 (order for disposal);

"limitation" (限制) means any limitation of the exclusive right to the use
of a trade mark given by the registration of a person as owner of the
trade mark;

"official journal" (官方公報) means the publication for the time being
specified under section 73(1) (power to specify official journal, etc.) as the
official journal of record;

"owner" (擁有人), in relation to a registered trade mark, means the person
whose name is for the time being entered in the register as the owner of the
trade mark or, if there are 2 or more such persons, each of those persons;

"Paris Convention" (《巴黎公約》) means the Convention for the
Protection of Industrial Property signed at Paris on 20 March 1883, as revised
or amended from time to time;

"Paris Convention country" (巴黎公約國) means-

   (a)  any country for the time being specified in Schedule 1 as being a
        country which has acceded to the Paris Convention;

   (b)  any territory or area subject to the authority or under the suzerainty
        of any country referred to in paragraph (a), or any territory or area
        administered by any such country, on behalf of which such country has
        acceded to the Paris Convention;

"prescribed" (訂明) means prescribed or provided for by the rules;

"registered trade mark" (註冊商標) means a trade mark registered under
section  47 (registration);

"Registrar" (處長) means the Registrar of Trade Marks;

"Registrar of Trade Marks" (商標註冊處處長) means the person holding
that office by virtue of the
Director of Intellectual Property (Establishment)  Ordinance ( Cap 412);

"Registry" (註冊處) means the Trade Marks Registry in the Intellectual
Property Department administered by the Registrar;

"rules" (《規則》) means rules made by the Registrar under section 91
(rules);

"trade" (行業) includes a profession;

"World Trade Organization Agreement" (《世貿協議》) means the agreement
of that name done at Marrakesh in 1994, as revised or amended from time to
time;

"WTO member" (世貿成員) means any country, territory or area for the time
being specified in Schedule 1 as being a country, territory or area which has
acceded to the World Trade Organization Agreement.

(2) For the purposes of this Ordinance, a sign or trade mark is taken to be
applied to goods, material or any other thing if it is woven in, impressed on,
worked into, affixed or annexed to, or in any manner marked on or incorporated
with, the goods, material or thing.

(3) The expressions listed in the left-hand column below are defined in, or
fall to be construed in accordance with, the provisions of this Ordinance
listed in the right-hand column in relation to those expressions.

Expression
Relevant Provision Convention application (公約申請) section 41(9) date of
application for registration (註冊申請日期) section 39(3) date of
registration (註冊日期) section 48 earlier right (在先權利)
section 12(5) earlier trade mark (在先商標) section 5 exclusive licence
(專用特許) section 32 exclusive licensee (專用特許持有人)
section 32 filing date (提交日期) section 39(1) infringement (侵犯)
section 16 infringing articles (侵犯性物品) section 17(4) infringing
goods (侵犯性貨品) section 17(2) infringing material (侵犯性物料)
section 17(3) licence (特許) section 32 licensee (特許持有人)
section 32 owner of an earlier right (在先權利的擁有人) section 12(5)
owner of a well-known trade mark (馳名商標的擁有人) section 4(3)
the register (註冊紀錄冊) section 8(1) registrable transaction
(可註冊交易) section 29(2) registration (註冊) section 8(2) series of
trade marks (一系列的商標) section 51(3) trade mark (商標) section 3
use (of sign) (使用(標誌)) section 18(5) use (of trade mark or sign)
(使用(商標或標誌)) section 6 use (likely to cause confusion)
(使用(相當可能會產生混淆)) section 7 well-known trade mark
(馳名商標) section 4(1) WTO application (世貿申請) section 41(9)

"certification mark" (證明商標)

"certified" (核證)

"collective mark" (集體商標)

"corporation" (法團)

"court" (法院)

"defensive trade mark" (防禦商標)

"infringement proceedings" (反侵犯法律程序)

"limitation" (限制)

"official journal" (官方公報)

"owner" (擁有人)

"Paris Convention" (《巴黎公約》)

"Paris Convention country" (巴黎公約國)

"prescribed" (訂明)

"registered trade mark" (註冊商標)

"Registrar" (處長)

"Registrar of Trade Marks" (商標註冊處處長)

"Registry" (註冊處)

"rules" (《規則》)

"trade" (行業)

"World Trade Organization Agreement" (《世貿協議》)

"WTO member" (世貿成員)