1964_TRADE_MARKS_ORDINANCE — Page 3

HK Historical Laws 香港歷史法例 All AI Reviewed

Page 2

CAP. 43] Trade Marks [1986 Ed.

EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGEMENT

27. Right given by registration in Part A, and infringement thereof 15

28. Right given by registration in Part B, and infringement thereof 16

29. Registration to be prima facie evidence of validity 16

30. Registration in Part A to be conclusive as to validity after 7 years 17

31. Equities in respect of trade marks 18

32. Infringement by breach of certain restrictions 18

33. Saving for vested rights 18

34. Saving for use of name, address or description of goods... 18

35. No action for infringement of unregistered trade mark 19

36. "Passing off" action 19

USE AND NON-USE OF TRADE MARKS

37. Removal from register and imposition of limitations on ground of non-use... 20

38. Use of one of associated trade marks equivalent to use of another 20

39. Use of trade mark for export trade constitutes use of the trade mark 21

40. Use of trade mark after change in form of trade connexion 21

ASSIGNMENT AND TRANSMISSION

41. Powers of, and restrictions on, assignment and transmission of trade marks 22

42. Power of registered proprietor to assign, and give receipts 23

43. Registration of assignments and transmissions... 23

44. Assignments and transmissions of associated trade marks 24

RENEWAL OF REGISTRATION

45. Renewal of registration : 24

46. Procedure on expiry of period of registration 24

47. Status of unrenewed trade mark ... 24

RECTIFICATION AND CORRECTION OF REGISTER

48. General power to rectify entries in register 24

49. Power to expunge or vary registration for breach of condition 25

50. Correction of register 25

51. Alteration of registered trade mark 26

52. Words used as name or description of an article or substance 26

53. Removal of trade mark from register on proof of prior registration in country of origin 27

54. Adaptation of entries in register to amended or substituted classification of goods ... 28

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Page 2 CAP. 43] Trade Marks [1986 Ed. EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGEMENT 27. Right given by registration in Part A, and infringement thereof 15 28. Right given by registration in Part B, and infringement thereof 16 29. Registration to be prima facie evidence of validity 16 30. Registration in Part A to be conclusive as to validity after 7 years 17 31. Equities in respect of trade marks 18 32. Infringement by breach of certain restrictions 18 33. Saving for vested rights 18 34. Saving for use of name, address or description of goods... 18 35. No action for infringement of unregistered trade mark 19 36. "Passing off" action 19 USE AND NON-USE OF TRADE MARKS 37. Removal from register and imposition of limitations on ground of non-use... 20 38. Use of one of associated trade marks equivalent to use of another 20 39. Use of trade mark for export trade constitutes use of the trade mark 21 40. Use of trade mark after change in form of trade connexion 21 ASSIGNMENT AND TRANSMISSION 41. Powers of, and restrictions on, assignment and transmission of trade marks 22 42. Power of registered proprietor to assign, and give receipts 23 43. Registration of assignments and transmissions... 23 44. Assignments and transmissions of associated trade marks 24 RENEWAL OF REGISTRATION 45. Renewal of registration : 24 46. Procedure on expiry of period of registration 24 47. Status of unrenewed trade mark ... 24 RECTIFICATION AND CORRECTION OF REGISTER 48. General power to rectify entries in register 24 49. Power to expunge or vary registration for breach of condition 25 50. Correction of register 25 51. Alteration of registered trade mark 26 52. Words used as name or description of an article or substance 26 53. Removal of trade mark from register on proof of prior registration in country of origin 27 54. Adaptation of entries in register to amended or substituted classification of goods ... 28
Baseline (Original)
Puge 2 CAP. 43] Trade Marks [1986 Ed. Section 25. Combined trade marks 26. Series of trade marks EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGEMENT 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Right given by registration in Part A, and infringement thereof Right given by registration in Part B, and infringement thereof Registration to be prima facie evidence of validity Registration in Part A to be conclusive as to validity after 7 years Equities in respect of trade marks Infringement by breach of certain restrictions Saving for vested rights Saving for use of name, address or description of goods... No action for infringement of unregistered trade mark "Passing off" action USE AND NON-USE OF TRADE MARKS : 15 16 16 17 18 18 18 18 19 19 20 20 E E 37. 38. 39. 40. Removal from register and imposition of limitations on ground of non-use... Use of one of associated trade marks equivalent to use of another Use of trade mark for export trade constitutes use of the trade mark Use of trade mark after change in form of trade connexion 20 21 21 21 ASSIGNMENT AND TRANSMISSION 41. Powers of, and restrictions on, assignment and transmission of trade marks 22 42. Power of registered proprietor to assign, and give receipts 23 43. Registration of assignments and transmissions... 23 44. Assignments and transmissions of associated trade marks 24 RENEWAL OF REGISTRATION 45. Renewal of registration : 46. Procedure on expiry of period of registration 22 24 47. Status of unrenewed trade mark ... 24 24 RECTIFICATION AND CORRECTION OF REGISTER 48. General power to rectify entries in register 24 49. Power to expunge or vary registration for breach of condition 25 25 50. Correction of register 51. Alteration of registered trade mark 26 52. Words used as name or description of an article or substance 26 53. Removal of trade mark from register on proof of prior registration in country of origin 27 54. Adaptation of entries in register to amended or substituted classification of 28 goods ... !
2026-05-05 15:08:01 · Baseline
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Puge

2

CAP. 43]

Trade Marks

[1986 Ed.

Section

25.

Combined trade marks

26.

Series of trade marks

EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGEMENT

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

Right given by registration in Part A, and infringement thereof Right given by registration in Part B, and infringement thereof Registration to be prima facie evidence of validity

Registration in Part A to be conclusive as to validity after 7 years Equities in respect of trade marks

Infringement by breach of certain restrictions

Saving for vested rights

Saving for use of name, address or description of goods... No action for infringement of unregistered trade mark

"Passing off" action

USE AND NON-USE OF TRADE MARKS

:

15

16

16

17

18

18

18

18

19

19

20

20

E

E

37.

38.

39.

40.

Removal from register and imposition of limitations on ground of non-use... Use of one of associated trade marks equivalent to use of another Use of trade mark for export trade constitutes use of the trade mark Use of trade mark after change in form of trade connexion

20

21

21

21

ASSIGNMENT AND TRANSMISSION

41.

Powers of, and restrictions on, assignment and transmission of trade marks

22

42.

Power of registered proprietor to assign, and give receipts

23

43.

Registration of assignments and transmissions...

23

44.

Assignments and transmissions of associated trade marks

24

RENEWAL OF REGISTRATION

45.

Renewal of registration

:

46.

Procedure on expiry of period of registration

22

24

47.

Status of unrenewed trade mark ...

24

24

RECTIFICATION AND CORRECTION OF REGISTER

48.

General power to rectify entries in register

24

49.

Power to expunge or vary registration for breach of condition

25

25

50.

Correction of register

51.

Alteration of registered trade mark

26

52.

Words used as name or description of an article or substance

26

53.

Removal of trade mark from register on proof of prior registration in country

of origin

27

54.

Adaptation of entries in register to amended or substituted classification of

28

goods ...

!

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