Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 27

Nature of registered trade mark

PART IV

REGISTERED TRADE MARKS AS OBJECTS OF PROPERTY

(1) A registered trade mark is personal property.

(2) A registered trade mark is transmissible by assignment, testamentary
disposition or operation of law in the same way as other personal property;
and it is so transmissible either in connection with the goodwill of a
business or independently.

(3) An assignment or other transmission of a registered trade mark may be
partial, that is, limited so as to apply-

   (a)  in relation to some but not all of the goods or services for which the
        trade mark is registered; or

   (b)  in relation to use of the trade mark in a particular manner or in a
        particular locality.

(4) An assignment of a registered trade mark, or an assent relating to a
registered trade mark, is not effective unless it is made in writing and is
signed by or on behalf of the assignor or his personal representative.

(5) The requirement in subsection (4) that an assignment or assent be signed
may be satisfied in a case where the assignor or personal representative is a
corporation by the affixing of the seal of the corporation.

(6) This section applies to an assignment by way of security as in relation to
any other assignment.

(7) A registered trade mark may be the subject of a charge in the same way as
other personal property.

(8) Nothing in this Ordinance shall be construed as affecting the assignment
or other transmission of an unregistered trade mark as part of the goodwill of
a business.