1964_TRADE_MARKS_ORDINANCE — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

1986 Ed.]

Trade Marks

Section

[CAP. 43

3

Page

DEFENSIVE TRADE MARKS

55. Defensive registration of trade marks : 29

56. Defensive trade marks to be registered as associated trade marks : 29

57. Removal of defensive trade marks from the register : 30

REGISTERED USERS

58. Registration as a registered user. Meaning of "permitted use" : 30

59. Proceedings for infringement : 31

60. Variation or cancellation of registration as a registered user : 32

61. Notification of registration as registered user and of application for variation or

cancellation of such registration : 32

62. Registrar's decision subject to appeal to Court ... : 32

63. Right to use not assignable or transmissible : 33

CERTIFICATION TRADE MARKS

64. Marks registrable as certification trade marks : 33

65. Application for registration as certification trade mark : 33

66. Advertisement of application. Opposition to registration : 34

67. Right given by registration, and infringement thereof : 35

68. Alteration of deposited regulations, or expunging or varying of entry in register

relating to certification trade mark : 36

69. Certification trade mark assignable or transmissible only with Registrar's consent : 36

70. Registrar not empowered to award costs on appeals to him : 37

71. Provisions not applicable to certification trade marks : 37

72. Trade mark registered under section 59 of Trade Marks Ordinance 1909, to be

deemed registered as a certification trade mark under this Ordinance : 37

POWERS AND DUTIES OF Registrar

73. Preliminary advice by Registrar as to distinctiveness : 37

74. Hearing before exercise of discretionary power of Registrar : 38

LEGAL PROCEEDINGS AND APPEALS

75. Certificate of validity : 38

76. Trade usage, etc., to be considered : 38

77. Registrar's appearance in proceedings involving rectification... : 38

78. Appeal from Registrar... : 38

79. Appeal to Court of Appeal. Discretion of Court in appeals : 39

80. Procedure in case of option to apply to Court or Registrar : 39

COSTS

81. Costs of proceedings before the Court : 39

82. Costs of proceedings before the Registrar ... : 39

4:

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1986 Ed.] Trade Marks Section [CAP. 43 3 Page DEFENSIVE TRADE MARKS 55. Defensive registration of trade marks : 29 56. Defensive trade marks to be registered as associated trade marks : 29 57. Removal of defensive trade marks from the register : 30 REGISTERED USERS 58. Registration as a registered user. Meaning of "permitted use" : 30 59. Proceedings for infringement : 31 60. Variation or cancellation of registration as a registered user : 32 61. Notification of registration as registered user and of application for variation or cancellation of such registration : 32 62. Registrar's decision subject to appeal to Court ... : 32 63. Right to use not assignable or transmissible : 33 CERTIFICATION TRADE MARKS 64. Marks registrable as certification trade marks : 33 65. Application for registration as certification trade mark : 33 66. Advertisement of application. Opposition to registration : 34 67. Right given by registration, and infringement thereof : 35 68. Alteration of deposited regulations, or expunging or varying of entry in register relating to certification trade mark : 36 69. Certification trade mark assignable or transmissible only with Registrar's consent : 36 70. Registrar not empowered to award costs on appeals to him : 37 71. Provisions not applicable to certification trade marks : 37 72. Trade mark registered under section 59 of Trade Marks Ordinance 1909, to be deemed registered as a certification trade mark under this Ordinance : 37 POWERS AND DUTIES OF Registrar 73. Preliminary advice by Registrar as to distinctiveness : 37 74. Hearing before exercise of discretionary power of Registrar : 38 LEGAL PROCEEDINGS AND APPEALS 75. Certificate of validity : 38 76. Trade usage, etc., to be considered : 38 77. Registrar's appearance in proceedings involving rectification... : 38 78. Appeal from Registrar... : 38 79. Appeal to Court of Appeal. Discretion of Court in appeals : 39 80. Procedure in case of option to apply to Court or Registrar : 39 COSTS 81. Costs of proceedings before the Court : 39 82. Costs of proceedings before the Registrar ... : 39 4:
Baseline (Original)
1986 Ed.] Trade Marks Section [CAP. 43 3 Page DEFENSIVE TRADE MARKS 55. Defensive registration of trade marks : 56. 57. Defensive trade marks to be registered as associated trade marks Removal of defensive trade marks from the register 29 29 30 REGISTERED USERS 58. Registration as a registered user. Meaning of "permitted use" 59. Proceedings for infringement : 31 83 30 60. Variation or cancellation of registration as a registered user 32 61. Notification of registration as registered user and of application for variation or cancellation of such registration 32 62. Registrar's decision subject to appeal to Court ... 32 63. Right to use not assignable or transmissible : 33 CERTIFICATION TRADE MARKS 64. Marks registrable as certification trade marks 65. Application for registration as certification trade mark 66. 67. Advertisement of application. Opposition to registration Right given by registration, and infringement thereof 33 33 34 15 35 68. Alteration of deposited regulations, or expunging or varying of entry in register relating to certification trade mark 36 69. Certification trade mark assignable or transmissible only with Registrar's consent 36 70. Registrar not empowered to award costs on appeals to him 37 71. Provisions not applicable to certification trade marks 37 72. Trade mark registered under section 59 of Trade Marks Ordinance 1909, to be deemed registered as a certification trade mark under this Ordinance 37 POWERS AND DUTIES OF Registrar 73. 74. Preliminary advice by Registrar as to distinctiveness Hearing before exercise of discretionary power of Registrar 75. LEGAL PROCEEDINGS AND APPEALS Certificate of validity 76. 77. 78. Trade usage, etc., to be considered Registrar's appearance in proceedings involving rectification... Appeal from Registrar... 79. 80. Appeal to Court of Appeal. Discretion of Court in appeals Procedure in case of option to apply to Court or Registrar COSTS 81. Costs of proceedings before the Court 82. Costs of proceedings before the Registrar ... : 4: : 37 38 38 38 38 38 39 39 39 39
2026-05-05 15:08:08 · Baseline
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1986 Ed.]

Trade Marks

Section

[CAP. 43

3

Page

DEFENSIVE TRADE MARKS

55.

Defensive registration of trade marks

:

56.

57.

Defensive trade marks to be registered as associated trade marks Removal of defensive trade marks from the register

29

29

30

REGISTERED USERS

58.

Registration as a registered user. Meaning of "permitted use"

59.

Proceedings for infringement

:

31

83

30

60.

Variation or cancellation of registration as a registered user

32

61.

Notification of registration as registered user and of application for variation or

cancellation of such registration

32

62.

Registrar's decision subject to appeal to Court ...

32

63.

Right to use not assignable or transmissible

:

33

CERTIFICATION TRADE MARKS

64.

Marks registrable as certification trade marks

65.

Application for registration as certification trade mark

66.

67.

Advertisement of application. Opposition to registration Right given by registration, and infringement thereof

33

33

34

15

35

68.

Alteration of deposited regulations, or expunging or varying of entry in register

relating to certification trade mark

36

69.

Certification trade mark assignable or transmissible only with Registrar's consent

36

70.

Registrar not empowered to award costs on appeals to him

37

71.

Provisions not applicable to certification trade marks

37

72.

Trade mark registered under section 59 of Trade Marks Ordinance 1909, to be

deemed registered as a certification trade mark under this Ordinance

37

POWERS AND DUTIES OF Registrar

73.

74.

Preliminary advice by Registrar as to distinctiveness

Hearing before exercise of discretionary power of Registrar

75.

LEGAL PROCEEDINGS AND APPEALS

Certificate of validity

76.

77.

78.

Trade usage, etc., to be considered

Registrar's appearance in proceedings involving rectification... Appeal from Registrar...

79.

80.

Appeal to Court of Appeal. Discretion of Court in appeals

Procedure in case of option to apply to Court or Registrar

COSTS

81.

Costs of proceedings before the Court

82.

Costs of proceedings before the Registrar ...

:

4:

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37

38

38

38

38

38

39

39

39

39

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