Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 82

Burden in civil proceedings of proving use of trade mark

(1) If, in any civil proceedings under this Ordinance in which the owner of a
registered trade mark is a party, a question arises as to the use to which the
trade mark has been put, the burden of proving that use shall lie with the
owner.

(2) If, in any civil proceedings under this Ordinance in which a licensee of a
registered trade mark is a party, a question arises as to the use to which the
trade mark has been put, the burden of proving that use shall lie with-

   (a)  the owner of the trade mark, where he is a party to the proceedings;
        or

   (b)  the licensee, where the owner is not a party to the proceedings.