Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 28

Co-ownership of registered trade mark

(1) Where a trade mark is registered in the name of 2 or more persons jointly,
each of them is entitled, subject to any agreement to the contrary, to an
equal undivided share in the registered trade mark.

(2) Subsections (3) to (6) apply where 2 or more persons are co-owners of a
registered trade mark, whether by virtue of subsection (1) or otherwise.

(3) Subject to subsection (4) and to any agreement to the contrary, each
co-owner is entitled, by himself or his agents, to do for his own benefit and
without the consent of or the need to account to any other co-owner, any act
which would otherwise constitute an infringement of the  registered
trade mark.

(4) One co-owner may not without the consent of each other co-owner-

   (a)  grant a licence to use the registered trade mark; or

   (b)  assign or charge his share in the registered trade mark.

(5) Infringement proceedings may be brought under Part III

(infringement of registered trade marks) by any co-owner, but one co-owner may
not, without the leave of the court, proceed with the action unless each other
co-owner is either joined as a plaintiff or added as a defendant.

(6) A co-owner who is added as a defendant as mentioned in subsection (5)
shall not be made liable for any costs in the action unless he takes part in
the proceedings.

(7) Nothing in this section affects the granting of interlocutory relief on
the application of one co-owner alone.

(8) Nothing in this section affects the mutual rights and obligations of
trustees or personal representatives, or their rights and obligations as such.