### Trade Marks Ordinance 《商標條例》

58. Amendment of entries to accord with new classification, etc.
(1) Provision may be made by the rules to empower the Registrar to do such things as he considers necessary to implement any amended or substituted classification of goods or services for the purposes of the registration of trade marks.
(2) Provision may in particular be made by the rules to empower the Registrar to amend entries in the register so as to accord with the amended or substituted classification of goods or services.
(3) Where the rules empower the Registrar to amend entries in the register, provision shall also be made by the rules for—
(a) the giving of notice to any owner of a registered trade mark who may be affected by an amendment proposed to be made by the Registrar;
(b) the publication in the official journal of particulars of the amendments proposed to be made by the Registrar;
(c) the making of objections, within such time as may be prescribed, by any owner of a registered trade mark claiming to be affected; and
(d) the filing of oppositions, within such time as may be prescribed, by any other person claiming to be affected.
(4) Provision may also be made by the rules to empower the Registrar—
(a) to require the owner of a registered trade mark, within such time as may be prescribed, to file a proposal for amendment of entries in the register so as to accord with any amended or substituted classification of goods or services; and
(b) to cancel or refuse to renew the registration of the trade mark in the event of the owner failing to do so.
(5) Any such power of amendment shall not be exercised so as to extend the rights conferred by the registration, except where it appears to the Registrar that compliance with this requirement would involve undue complexity and that any extension would not be substantial and would not adversely affect the rights of any person.

59. Effect of acquiescence
(1) Where the owner of an earlier trade mark or other earlier right has acquiesced for a continuous period of 5 years in the use of a registered trade mark in Hong Kong, being aware of that use, there shall cease to be any entitlement on the basis of that earlier trade mark or other earlier right—
(a) to apply for a declaration that the registration of the later trade mark is invalid; or
(b) to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used,
unless the application for registration of the later trade mark was made in bad faith.
(2) Where subsection (1) applies, the owner of the later trade mark is not entitled to oppose the use of the earlier trade mark or the exploitation of the earlier right, as the case may be, notwithstanding that the earlier trade mark or earlier right may no longer be invoked against his later trade mark.

### Trade Marks Ordinance 《商標條例》

60. Defensive trade marks
(1) If a registered trade mark has been used so much in relation to all or any of the goods or services for which it is registered that it has become exceptionally well known in Hong Kong and, as a result, its use in relation to other goods or services would be likely to detract from its distinctive character in relation to the goods or services for which it has been so used, the trade mark may, on the application of the owner of the registered trade mark made to the Registrar, be registered as a defensive trade mark in respect of any or all of those other goods or services.
(2) A trade mark may be registered as a defensive trade mark in respect of particular goods or services even if the owner of the registered trade mark does not use or intend to use the trade mark in relation to those goods or services.
(3) A trade mark may be registered as a defensive trade mark in respect of particular goods or services even if it is already registered (otherwise than as a defensive trade mark) in the name of the applicant in respect of those goods or services.
(4) A trade mark that is registered as a defensive trade mark in respect of particular goods or services may be subsequently registered (otherwise than as a defensive trade mark) in the name of the owner of the registered trade mark in respect of the same goods or services.
(5) The Registrar shall refuse an application made under subsection (1) if—
(a) the trade mark is not registered as a trade mark in the name of the applicant; or
(b) the extent to which the registered trade mark is being or has been used does not accord with the circumstances described in subsection (1).
(6) Any person may apply to the Registrar or to the court for the revocation of the registration of a trade mark as a defensive trade mark on any of the following grounds—
(a) that the trade mark is not otherwise registered in the name of the owner of the registered defensive trade mark; or
(b) that the extent to which the registered trade mark is being or has been used does not accord with the circumstances described in subsection (1),
and such revocation may be in respect of all or any of the goods or services in respect of which the registered trade mark is registered as a defensive trade mark.
(7) Section 38(3) (application for registration), section 52(2)(a), (b) and (c) (revocation of registration) and such other provisions of this Ordinance as may be inconsistent with this section shall not apply in relation to defensive trade marks.

61. Collective marks
(1) A collective mark is a sign distinguishing the goods or services of members of the association which is the owner of the sign from those of other undertakings.
(2) This Ordinance applies to collective marks in the manner and to the extent specified in Schedule 3.

### Trade Marks Ordinance 《商標條例》

62. Certification marks
(1) A certification mark is a sign indicating that the goods or services in connection with which it is used are certified by the owner of the sign in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.
(2) This Ordinance applies to certification marks in the manner and to the extent specified in Schedule 4.

63. Well-known trade marks: Article 6bis

64. National emblems, etc.: Article 6ter

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

66. Notification under Article 6ter

67. Register to be kept
(1) The Registrar shall keep at the Registry a register to be known as the register of trade marks.
(2) There shall be entered in the register in accordance with this Ordinance and the rules—
(a) particulars as to applications for registration of trade marks, including the filing dates and dates of priority;
(b) the names of owners of registered trade marks;
(c) particulars as to transactions, instruments or events affecting rights in or under registered trade marks and applications for registration; and
(d) such other matters as the Registrar may think fit.
(3) The register need not be kept in documentary form.

68. Right to inspect the register
(1) Subject to any rules, the public shall have a right to inspect the register during the normal business hours of the Registry.
(2) In relation to any portion of the register kept otherwise than in documentary form, the right of inspection conferred by subsection (1) is a right to inspect the material on the register.

69. Right to copies of entries
(1) Any person who applies for a certified copy of an entry in the register or a certified extract from the register shall be entitled to obtain such a copy or extract on payment of a fee prescribed in relation to certified copies and extracts.
(2) Any person who applies for an uncertified copy or extract shall be entitled to such a copy or extract on payment of a fee prescribed in relation to uncertified copies and extracts.
(3) Applications under this section shall be made in such manner as may be prescribed.
(4) In relation to any portion of the register kept otherwise than in documentary form, the right to a copy or extract conferred by subsection (1) or (2) is a right to a copy or extract in a form in which it can be taken away and in which it is visible and legible.