Page:Trade Marks Ordinance (Cap. 559).pdf/72

TRADE MARKS ORDINANCE Regulations as to use of certification mark 18. (1) Any regulations governing the use of an existing registered certification trade mark which have been transmitted to or deposited with the Registrar under section 65 of the repealed Ordinance (application for registration as certification trade mark) shall be treated on and after the commencement date as if filed under section 6 of Schedule 4 (certification marks) to this Ordinance.

(2) Any request for amendment of the regulations which was pending on the commencement date shall be dealt with under the old law. Certificate of validity of contested registration 19. A certificate given under section 75 of the repealed Ordinance (certificate of validity) shall have effect as if given under section 81(1) of this Ordinance (certificate of validity of contested registration). Rh

2. Interpretation

(1)In this Ordinance, unless the context otherwise requires—

“mark” (標記) means any sign that is visually perceptible and capable of being represented graphically and may, in particular, consist of words, personal names, letters, numerals, figurative elements or combination of colours, and includes any combination of such signs;

“trade mark” (商標) means (except in the expressions “trade mark relating to goods”, “trade mark relating to services”, “defensive trade mark” and “certification trade mark”) a trade mark relating to goods or a trade mark relating to services;

“trade mark relating to goods” (貨品商標) means a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person;

“trade mark relating to services” (服務商標) means a mark used or proposed to be used in relation to services for the purpose of indicating, or so as to indicate, that a particular person is connected, in the course of business, with the provision of those services, whether with or without any indication of the identity of that person;

(2)References in this Ordinance to—
 * (a)the use of a mark shall be construed as references to the use of a printed or other visual representation of the mark;
 * (b)the use of a mark in relation to goods shall be construed as references to the use of the mark upon, or in physical or other relation to, goods; and
 * (c)the use of a mark in relation to services shall be construed as references to the use of the mark as or as part of any statement about the availability or performance of services or otherwise in relation to services.

(3)For the purposes of this Ordinance, goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business, and a description of goods and a description of services are