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A spokesman for the Trade and Industry Branch said: "The draft Trade Marks Bill seeks to update the existing Trade Marks Ordinance to bring it in line with prevailing international standards on intellectual property protection, and to streamline the application procedures and examination process for trade mark registration.
Some of the main legislative proposals include -
The definition of a trade mark is broadened. The new definition of a trade mark as a sign capable of being represented graphically may permit a wider range of marks to be registered.
The existing Parts A and B of the Register for Trade Marks will be combined in order to streamline application procedures and the processing for trade mark registrations.
The grounds for prohibition of registration on the basis of conflict with earlier marks will be extended. This will include prohibition of registration of a later identical or similar mark for goods or services. which are not similar to those protected under the earlier mark. Rights to sue for infringement will also be similarly extended.
Proprietors of well-known marks will be entitled to restrain by injunction the use in Hong Kong of identical or similar marks where such use is likely to cause confusion.
It will be possible to register a collective trade mark which indicates a trade connection of goods and services with a proprietor association.
Proprietors of registered trade marks may apply to court for orders for erasure, disposal or delivery up in respect of infringing goods, materials or articles.
"The Government plans to introduce the Bill into the Legislative Council as soon as possible, after taking into consideration the comments received during the consultation period," the spokesman added.
The text of the consultation paper and the draft Bill are also available on the INTERNET at http://www.houston.com.hk/hkgipd/
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