Page:Trade Marks Ordinance (Cap. 559).pdf/45

TRADE MARKS ORDINANCE (3) A trade mark which consists of or contains an official sign or hallmark adopted by a Paris Convention country or WTO member and indicating control and warranty shall not, where the sign or hallmark is protected under the Paris Convention (including any sign or hallmark entitled to such protection by virtue of the World Trade Organization Agreement), be registered in relation to goods or services which are the same as, or are of a similar kind to, those in relation to which it indicates control and warranty, without the authorization of the competent authorities of that country or member.

(4) The provisions of this section as to national flags and other state emblems, and official signs or hallmarks, apply equally to anything which from a heraldic point of view imitates any such flag or other emblem, or sign or hallmark.

(5) Nothing in this section prevents the registration of a trade mark on the application of a national of a country who is authorized to make use of a state emblem, or official sign or hallmark, of that country, notwithstanding that it is similar to that of another country.

(6) Where by virtue of this section the authorization of the competent authorities of a Paris Convention country or WTO member is or would be required for the registration of a trade mark, those authorities are entitled to restrain by injunction any use of the trade mark in Hong Kong without their authorization.

65. Emblems, etc., of certain international organizations: Article 6ter of Paris Convention

(1) This section applies to—
 * (a) the armorial bearings, flags or other emblems; and
 * (b) the abbreviations and names,

of international intergovernmental organizations of which one or more Paris Convention countries or WTO members are members.

(2) A trade mark which consists of or contains any such emblem, abbreviation or name which is protected under the Paris Convention (including any emblem, abbreviation or name entitled to such protection by virtue of the World Trade Organization Agreement) shall not be registered without the authorization of the international intergovernmental organization concerned, unless it appears to the Registrar that the use of the emblem, abbreviation or name in the manner proposed—
 * (a) is not such as to suggest to the public that a connection exists between the organization and the trade mark; or
 * (b) is not likely to mislead the public as to the existence of a connection between the user and the organization.