Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 65

Emblems, etc., of certain international organizations: Article 6ter of Paris Convention

(1) This section applies to-

   (a)  the armorial bearings, flags or other emblems; and

   (b)  the abbreviations and names, of international intergovernmental
        organizations of which one or more Paris Convention countries or
        WTO members are members.

(2) A trade mark which consists of or contains any such emblem, abbreviation
or name which is protected under the Paris Convention

(including any emblem, abbreviation or name entitled to such protection by
virtue of the World Trade Organization Agreement) shall not be registered
without the authorization of the international intergovernmental organization
concerned, unless it appears to the Registrar that the use of the emblem,
abbreviation or name in the manner proposed-

   (a)  is not such as to suggest to the public that a connection exists
        between the organization and the trade mark; or

   (b)  is not likely to mislead the public as to the existence of a
        connection between the user and the organization.

(3) The provisions of this section as to emblems of an international
intergovernmental organization apply equally to anything which from a heraldic
point of view imitates any such emblem.

(4) Where by virtue of this section the authorization of an international
intergovernmental organization is or would be required for the registration of
a trade mark, that organization is entitled to restrain by injunction any use
of the trade mark in Hong Kong without its authorization.

(5) Nothing in this section affects the rights of a person whose use in good
faith of the trade mark in question began before 16 November 1977 (when the
relevant provisions of the Paris Convention entered into force in relation to
Hong Kong).