Page:Trade Marks Ordinance (Cap. 559).pdf/22

TRADE MARKS ORDINANCE :(b) having regard to the circumstances of the case, that there exist exceptional reasons to justify the removal of the registered trade mark from the goods, material or articles without the court being satisfied, or wholly satisfied, as to the matter mentioned in paragraph (a).

(5) Provision may be made by rules of court made by the Chief Justice for the purposes of this section as to the service of notice on persons having an interest in the goods, material or articles, and any such person is entitled—
 * (a) to appear in proceedings for an order under this section, whether or not he was served with notice; and
 * (b) to appeal to the Court of Appeal against any order made under subsection (1)(a), (b), (c) or (d), whether or not he appeared.

(6) An order made under subsection (1)(a), (b), (c) or (d) shall not take effect until the end of the period within which notice of an appeal may, as provided by those rules of court, be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

(7) If the court decides that no order should be made under subsection (1)(a), (b), (c) or (d), the person who had possession, custody or control of the goods, material or articles before they were delivered up pursuant to the order made under section 23 (order for delivery up) is entitled to their return.

(8) References in this section to a person having an interest in goods, material or articles include any person in whose favour an order could be made under this section or under section 54 of the Registered Designs Ordinance (Cap. 522) or section 111 or 231 of the Copyright Ordinance (Cap. 528) (which make similar provision in relation to infringement of registered designs, copyright and rights in performances).

26. Proceedings for relief from groundless threats of infringement proceedings

(1) Where a person threatens to bring an action against another person (the “threatened person”) for infringement of a registered trade mark in respect of any use other than—
 * (a) the application of the trade mark to goods or their packaging; or
 * (b) the supply of services under the trade mark,

any person aggrieved by the threat (the “plaintiff”) may bring proceedings before the court for relief under this section.

(2) The relief which may be applied for is any one or more of the following—
 * (a) a declaration to the effect that the threats are unjustifiable;
 * (b) an injunction against the continuance of the threats; and