Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 77

Procedure in case of option to apply to court or Registrar

(1) Where under this Ordinance a person has an option to make an application
either to the court or to the Registrar on a question concerning a
registered trade mark or an application for registration of a trade mark,
then-

   (a)  if any proceedings concerning the registered trade mark or application
        for registration in question is pending before the court, the
        application must be made to the court; and

   (b)  if in any other case the application is made to the Registrar, he may,
        at any stage of the proceedings, refer the application to the court,
        or he may, after hearing the parties, determine the question.

(2) Subsection (1) is without prejudice to the court's powers, apart from this
section, to determine any question referred to in that subsection.