Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 21

Use in advertising, etc.

(1) Nothing in section 18 (infringement of registered trade mark) shall be
construed as preventing the use by any person of a registered  trade mark for
the purpose of identifying goods or services as those of the owner of
the registered trade mark or a licensee, but any such use which is otherwise
than in accordance with honest practices in industrial or commercial matters
shall be treated as infringing the registered trade  mark.

(2) In determining for the purposes of subsection (1) whether the use is in
accordance with honest practices in industrial or commercial matters, the
court may consider such factors as it considers relevant including, in
particular, whether-

   (a)  the use takes unfair advantage of the trade mark;

   (b)  the use is detrimental to the distinctive character or repute of the
        trade mark; or

   (c)  the use is such as to deceive the public.

(3) For the avoidance of doubt, nothing in this section shall be construed as
applying to the interpretation of section 20 (exhaustion of rights conferred
by registered trade mark).