Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 5

Meaning of "earlier trade mark"

(1) In this Ordinance, "earlier trade mark" (在先商標), in relation to
another trade mark, means-

   (a)  a registered trade mark which has a date of the application for
        registration earlier than that of the other trade mark, taking into
        account the priorities claimed in respect of each trade mark, if any;
        or

   (b)  a trade mark which, at the date of the application for registration of
        the other trade mark or, where appropriate, at the date of the
        priority claimed in respect of that application for registration, was
        entitled to protection under the Paris Convention as a
        well-known trade  mark.

(2) References in this Ordinance to an earlier trade mark shall be construed
as including a trade mark in respect of which an application for registration
has been made under this Ordinance and which, if registered, would constitute
an earlier trade mark under or by virtue of subsection

(1)(a), subject to its being so registered.

(3) A trade mark which is an earlier trade mark under or by virtue of
subsection (1)(a) shall continue to be taken into account in determining the
registrability of a later trade mark for a period of 1 year after the date on
which its registration expires unless the Registrar is satisfied the
trade mark has not been used in good faith in Hong Kong during the 2 years
immediately preceding that date.

"earlier trade mark" (在先商標)