Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 60

Defensive trade marks

PART VIII

DEFENSIVE TRADE MARKS, COLLECTIVE MARKS AND CERTIFICATION MARKS

(1) If a registered trade mark has been used so much in relation to all or any
of the goods or services for which it is registered that it has become
exceptionally well known in Hong Kong and, as a result, its use in relation to
other goods or services would be likely to detract from its distinctive
character in relation to the goods or services for which it has been so used,
the trade mark may, on the application of the owner of the registered
trade mark made to the Registrar, be registered as a defensive trade mark in
respect of any or all of those other goods or services.

(2) A trade mark may be registered as a defensive trade mark in respect of
particular goods or services even if the owner of the  registered trade mark
does not use or intend to use the trade mark in relation to those goods or
services.

(3) A trade mark may be registered as a defensive trade mark in respect of
particular goods or services even if it is already registered

(otherwise than as a defensive trade mark) in the name of the applicant in
respect of those goods or services.

(4) A trade mark that is registered as a defensive trade mark in respect of
particular goods or services may be subsequently registered

(otherwise than as a defensive trade mark) in the name of the owner of the 
registered trade mark in respect of the same goods or services.

(5) The Registrar shall refuse an application made under subsection

(1) if-

   (a)  the trade mark is not registered as a trade mark in the name of the
        applicant; or

   (b)  the extent to which the registered trade mark is being or has been
        used does not accord with the circumstances described in subsection

(1).

(6) Any person may apply to the Registrar or to the court for the revocation
of the registration of a trade mark as a defensive trade mark on any of the
following grounds-

   (a)  that the trade mark is not otherwise registered in the name of the
        owner of the registered defensive trade mark; or

   (b)  that the extent to which the registered trade mark is being or has
        been used does not accord with the circumstances described in
        subsection (1), and such revocation may be in respect of all or any of
        the goods or services in respect of which the registered trade mark is
        registered as a defensive trade mark.

(7) Section 38(3) (application for registration), section 52(2)(a),

   (b)  and (c) (revocation of registration) and such other provisions of this
        Ordinance as may be inconsistent with this section shall not apply in
        relation to defensive trade marks.