1986 Ed.]
Trade Marks
[CAP. 43
5
CHAPTER 43
TRADE MARKS
To amend and consolidate the law relating to the registration of trade marks.
[1 January 1955.]
1. This Ordinance may be cited as the Trade Marks Ordinance.
2. (1) In this Ordinance, unless the context otherwise requires
"assignment" means assignment by act of the parties concerned; "limitations" means any limitations of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode of use, as to use in relation to goods to be sold, or otherwise traded in, within the Colony, or as to use in relation to goods to be exported to any market outside the Colony; "mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof; "permitted use" has the meaning assigned to it by section 58(1);
"prescribed" means, in relation to proceedings before the Court or preliminary thereto or connected therewith, prescribed by this Ordinance or by the rules made thereunder or by rules of court and, in other cases, prescribed by this Ordinance or by the rules made thereunder;
"register" means the register of trade marks kept under this Ordinance;
"registrable trade mark" means a trade mark which is capable of registration under the provisions of this Ordinance;
"registered trade mark" means a trade mark which is actually on the register;
"registered user" means a person who is for the time being registered as such under section 58;
"Registrar" means such officer as The Governor may appoint to be Registrar General under the provisions of the Registrar General (Establishment) Ordinance;
"seal" means the seal of the Registrar kept in the Trade Marks Registry Hong Kong, having a device and impression of the Royal Arms with a label surrounding the same and the inscription "Registrar of Trade Marks, Hong Kong", and hitherto used by the Registrar of Trade Marks since 10 December 1909;
Originally 47 of 1954.
92 of 1975. $5 of 1977. 3 of 1985.
IN21347 G.N.A. 143/54.
Short title.
1938 c. 22, s. 71.
Interpretation.
1938 c. 22, s. 68.
(Cap. 100.)
IN29433/90