Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 64

National emblems, etc.: Article 6ter of Paris Convention

(1) Subject to section 11(6) (absolute grounds for refusal of registration), a
trade mark which consists of or contains the flag of a
Paris Convention country or WTO member shall not be registered without the
authorization of the competent authorities of that country or member, unless
it appears to the Registrar that use of the flag in the manner proposed is
permitted without such authorization.

(2) Subject to section 11(6) (absolute grounds for refusal of registration), a
trade mark which consists of or contains the armorial bearings or any other
state emblem of a Paris Convention country or WTO  member which is protected
under the Paris Convention (including any armorial bearings or state emblems
entitled to such protection by virtue of the
World Trade Organization Agreement) shall not be registered without the
authorization of the competent authorities of that country or member.

(3) A trade mark which consists of or contains an official sign or hallmark
adopted by a Paris Convention country or WTO member and indicating control and
warranty shall not, where the sign or hallmark is protected under the
Paris Convention (including any sign or hallmark entitled to such protection
by virtue of the World Trade Organization  Agreement), be registered in
relation to goods or services which are the same as, or are of a similar kind
to, those in relation to which it indicates control and warranty, without the
authorization of the competent authorities of that country or member.

(4) The provisions of this section as to national flags and other state
emblems, and official signs or hallmarks, apply equally to anything which from
a heraldic point of view imitates any such flag or other emblem, or sign or
hallmark.

(5) Nothing in this section prevents the registration of a trade  mark on the
application of a national of a country who is authorized to make use of a
state emblem, or official sign or hallmark, of that country, notwithstanding
that it is similar to that of another country.

(6) Where by virtue of this section the authorization of the competent
authorities of a Paris Convention country or WTO member is or would be
required for the registration of a trade mark, those authorities are entitled
to restrain by injunction any use of the trade mark in Hong Kong without their
authorization.