Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 3

Meaning of "trade mark"

(1) In this Ordinance, a "trade mark" (商標) means any sign which is capable
of distinguishing the goods or services of one undertaking from those of other
undertakings and which is capable of being represented graphically.

(2) Without affecting the generality of subsection (1), a trade  mark may
consist of words (including personal names), indications, designs, letters,
characters, numerals, figurative elements, colours, sounds, smells, the shape
of goods or their packaging and any combination of such signs.

(3) A sign may constitute a trade mark even though it is used in relation to a
service ancillary to the trade or business of an undertaking and whether or
not the service is provided for money or money's worth.

(4) Unless the context otherwise requires, references in this Ordinance to a
trade mark shall be construed as including references to a certification mark,
collective mark and defensive trade mark.

"trade mark" (商標)