Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 59

Effect of acquiescence

Acquiescence in use of registered trade mark

(1) Where the owner of an earlier trade mark or other earlier right has
acquiesced for a continuous period of 5 years in the use of a
registered trade mark in Hong Kong, being aware of that use, there shall cease
to be any entitlement on the basis of that earlier trade mark or other
earlier right-

   (a)  to apply for a declaration that the registration of the later
        trade mark is invalid; or

   (b)  to oppose the use of the later trade mark in relation to the goods or
        services in relation to which it has been so used, unless the
        application for registration of the later trade mark was made in bad
        faith.

(2) Where subsection (1) applies, the owner of the later trade mark is not
entitled to oppose the use of the earlier trade mark or the exploitation of
the earlier right, as the case may be, notwithstanding that the
earlier trade mark or earlier right may no longer be invoked against his later
trade mark.