Page:Trade Marks Ordinance (Cap. 559).pdf/11

TRADE MARKS ORDINANCE (3) A trade mark which is an earlier trade mark under or by virtue of subsection (1)(a) shall continue to be taken into account in determining the registrability of a later trade mark for a period of 1 year after the date on which its registration expires unless the Registrar is satisfied the trade mark has not been used in good faith in Hong Kong during the 2 years immediately preceding that date.

6. References to use of trade mark or sign

References in this Ordinance to use (or to any particular description of use) of a trade mark or sign shall be construed as including any use (or any such description of use), whether by means of a graphic representation or otherwise.

7. References to use likely to cause confusion

(1) For greater certainty, in determining for the purposes of this Ordinance whether the use of a trade mark is likely to cause confusion on the part of the public, the Registrar or the court may take into account all factors relevant in the circumstances, including whether the use is likely to be associated with an earlier trade mark.

(2) For greater certainty, in determining for the purposes of this Ordinance whether the use of a sign is likely to cause confusion on the part of the public, the Registrar or the court may take into account all factors relevant in the circumstances, including whether the use is likely to be associated with a registered trade mark.

8. Meaning of “the register” and “registration”

(1) In this Ordinance, “the register” (註冊紀錄冊) means the register of trade marks kept under section 67 (register to be kept).

(2) Unless the context otherwise requires, references in this Ordinance to registration (in particular, in the expression “registered trade mark”) shall be construed as references to registration in the register.

9. Ordinance binds Government

This Ordinance binds the Government.