Page:Trade Marks Ordinance (Cap. 559).pdf/16

TRADE MARKS ORDINANCE PART II Preliminary 16. References to infringement

References in this Ordinance to the infringement of a registered trade mark shall be construed as references to any infringement of the rights of the owner.

17. References to infringing goods, material or articles

(1) References in this Ordinance to infringing goods, infringing material or infringing articles shall be construed in accordance with this section.

(2) Goods are infringing goods, in relation to a registered trade mark, if the goods or their packaging bear a sign identical or similar to the registered trade mark and—
 * (a) the application of the sign to the goods or their packaging constituted an infringement of the registered trade mark at the time the sign was applied;
 * (b) the goods are proposed to be imported into Hong Kong and the application of the sign in Hong Kong to the goods or their packaging would constitute an infringement of the registered trade mark; or
 * (c) the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark.

(3) Material is infringing material, in relation to a registered trade mark, if the material bears a sign identical or similar to the registered trade mark and either—
 * (a) the material is used—
 * (i) for labelling goods;
 * (ii) for packaging goods;
 * (iii) as a business paper; or
 * (iv) for advertising goods or services,
 * in such a way as to infringe the registered trade mark; or
 * (b) the material is intended to be so used and such use would constitute an infringement of the registered trade mark.

(4) Articles are infringing articles, in relation to a registered trade mark, if—