Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 4

Meaning of "well-known trade mark"

(1) References in this Ordinance to a trade mark which is entitled to
protection under the Paris Convention as a well-known trade mark shall be
construed as references to a trade mark which is well known in Hong Kong and
which is the trade mark of a person who-

   (a)  is a national of, or is domiciled or ordinarily resident in, a
        Paris Convention country or WTO member;

   (b)  has a right of abode in Hong Kong; or

   (c)  has a real and effective industrial or commercial establishment in a
        Paris Convention country, a WTO member or Hong Kong, whether or not
        that person carries on business in Hong Kong or owns any goodwill in a
        business in Hong Kong.

(2) In determining for the purposes of subsection (1) whether a trade mark is
well known in Hong Kong, the Registrar or the court shall have regard to
Schedule 2.

(3) References in this Ordinance to the owner of a well-known trade  mark
shall be construed in accordance with subsection (1).