Page:Trade Marks Ordinance (Cap. 559).pdf/8

TRADE MARKS ORDINANCE “limitation” (限制) means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as owner of the trade mark;

“official journal” (官方公報) means the publication for the time being specified under section 73(1) (power to specify official journal, etc.) as the official journal of record;

“owner” (擁有人), in relation to a registered trade mark, means the person whose name is for the time being entered in the register as the owner of the trade mark or, if there are 2 or more such persons, each of those persons;

“Paris Convention” (《巴黎公約》) means the Convention for the Protection of Industrial Property signed at Paris on 20 March 1883, as revised or amended from time to time;

“Paris Convention country” (巴黎公約國) means—
 * (a) any country for the time being specified in Schedule 1 as being a country which has acceded to the Paris Convention;
 * (b) any territory or area subject to the authority or under the suzerainty of any country referred to in paragraph (a), or any territory or area administered by any such country, on behalf of which such country has acceded to the Paris Convention;

“prescribed” (訂明) means prescribed or provided for by the rules;

“registered trade mark” (註冊商標) means a trade mark registered under section 47 (registration);

“Registrar” (處長) means the Registrar of Trade Marks;

“Registrar of Trade Marks” (商標註冊處處長) means the person holding that office by virtue of the Director of Intellectual Property (Establishment) Ordinance (Cap. 412);

“Registry” (註冊處) means the Trade Marks Registry in the Intellectual Property Department administered by the Registrar;

“rules” (《規則》) means rules made by the Registrar under section 91 (rules);

“trade” (行業) includes a profession;

“World Trade Organization Agreement” (《世貿協議》) means the agreement of that name done at Marrakesh in 1994, as revised or amended from time to time;

“WTO member” (世貿成員) means any country, territory or area for the time being specified in Schedule 1 as being a country, territory or area which has acceded to the World Trade Organization Agreement.

(2)For the purposes of this Ordinance, a sign or trade mark is taken to be applied to goods, material or any other thing if it is woven in, impressed on, worked into, affixed or annexed to, or in any manner marked on or incorporated with, the goods, material or thing.

(3)The expressions listed in the left-hand column below are defined in, or fall to be construed in accordance with, the provisions of this Ordinance listed in the right-hand column in relation to those expressions.