Page:Trade Marks Ordinance (Cap. 559).pdf/67

TRADE MARKS ORDINANCE Infringement: rights of authorized users 13. The following provisions apply in relation to an authorized user of a registered certification mark as in relation to a licensee of a registered trade mark—
 * (a) section 18(6) of this Ordinance (infringement of registered trade mark); and
 * (b) section 25(3) of this Ordinance (order for disposal).

14. In infringement proceedings brought by the owner of a registered certification mark, any loss suffered or likely to be suffered by authorized users shall be taken into account; and the court may give such directions as it thinks fit as to the extent to which the plaintiff is to hold the proceeds of any pecuniary remedy on behalf of such users.

Grounds for revocation of registration 15. Apart from the grounds of revocation mentioned in section 52 of this Ordinance (revocation of registration), the registration of a certification mark may be revoked on the ground—
 * (a) that the owner has begun to carry on such a trade or business as is mentioned in section 4 of this Schedule;
 * (b) that the manner in which the owner uses the certification mark or allows it to be used has caused it to become liable to mislead the public in the manner referred to in section 5(1) of this Schedule;
 * (c) that the owner has failed to observe, or to secure the observance of, the regulations governing the use of the certification mark;
 * (d) that an amendment of the regulations has been made so that the regulations—
 * (i) no longer comply with section 6(2) of this Schedule and any further requirements imposed by the rules; or
 * (ii) are contrary to accepted principles of morality; or
 * (e) that the owner is no longer competent to certify the goods or services for which the certification mark is registered.

Grounds for invalidity of registration 16. Apart from the grounds of invalidity mentioned in section 53 of this Ordinance (declaration of invalidity of registration), the registration of a certification mark may be declared invalid on the ground that the certification mark was registered in breach of section 4, 5(1) or 7(1) or (2) of this Schedule.

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Preliminary 1. (1) In this Schedule—

“commencement date” (生效日期) means the date on which this Schedule comes into operation;

“existing registered mark” (現有註冊標記) means a mark that, immediately before the commencement date, constituted a registered trade mark, certification trade mark or defensive trade mark under the repealed Ordinance;

“new register” (新註冊紀錄冊) means the register of trade marks kept under section 67 of this Ordinance (register to be kept);

“old law” (舊有法律) means—
 * (a)the repealed Ordinance and the repealed Rules; and
 * (b)any other enactment or rule of law applying to existing registered marks immediately before the commencement date;