Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 81

Certificate of validity of contested registration

(1) If in proceedings before the court the validity of the registration of a
trade mark is contested and it is found by the court that the trade mark is
validly registered, the court may give a certificate to that effect.

(2) If the court gives such a certificate and in any subsequent proceedings,
either before the court or the Registrar-

   (a)  the validity of the registration is again questioned on the same or
        substantially the same grounds; and

   (b)  the owner of the registered trade mark obtains a final order, judgment
        or decision in his favour, the owner is entitled to his costs on an
        indemnity basis unless the court or the Registrar, as the case may be,
        directs otherwise.

(3) Subsection (2) does not extend to the costs of an appeal in any such
proceedings.