### Trade Marks Ordinance 《商標條例》

76. Language of proceedings before Registrar
(1) Except as otherwise provided in the rules, and notwithstanding section 5 of the Official Languages Ordinance (Cap. 5), the official language in which an application for registration of a trade mark is filed shall be used as the language of the proceedings in all proceedings before the Registrar under this Ordinance.
(2) The rules may—
(a) require, in respect of any document filed or to be filed with the Registrar in proceedings under this Ordinance, the filing of a translation of the document into the language of the proceedings or into one or both official languages;
(b) provide for the use by any person in oral proceedings before the Registrar, of a language other than the language of the proceedings;
(c) in respect of documents to be used for the purpose of evidence in proceedings before the Registrar and which are in a language other than the language of the proceedings, provide for the filing of the document in that other language and the filing of a translation of the document into the language of the proceedings or into one of the official languages;
(d) in respect of information provided or to be provided to the Registrar and which is to be entered in the register, require the provision of that information in both official languages; and
(e) provide for the issue of and specify the power of the Registrar to issue documents in one or both official languages.
(3) Rules made for the purposes of subsection (2)(a) or (d)—
(a) may specify periods within which translations of documents into the language of the proceedings or into the official languages are to be filed or within which information in the official languages is to be provided; and
(b) may provide for extensions, upon application by a party to the proceedings, of such periods, and may require that applications for such extension shall be subject to the payment of a prescribed fee.

77. Procedure in case of option to apply to court or Registrar
(1) Where under this Ordinance a person has an option to make an application either to the court or to the Registrar on a question concerning a registered trade mark or an application for registration of a trade mark, then—
(a) if any proceedings concerning the registered trade mark or application for registration in question is pending before the court, the application must be made to the court; and
(b) if in any other case the application is made to the Registrar, he may, at any stage of the proceedings, refer the application to the court, or he may, after hearing the parties, determine the question.
(2) Subsection (1) is without prejudice to the court’s powers, apart from this section, to determine any question referred to in that subsection.

78. Application of rules of evidence
Except as otherwise provided in this Ordinance, the Registrar is not bound by the rules of evidence in any proceedings before him under this Ordinance and may inform himself of any matter that is before him in any way that he reasonably believes to be appropriate.

### Trade Marks Ordinance 《商標條例》

79. Register is prima facie evidence
(1) Subject to subsection (4), the register shall be prima facie evidence of anything required or authorized by this Ordinance or the rules to be registered.
(2) A certificate purporting to be signed by the Registrar and certifying that any entry in the register which he is authorized by this Ordinance or the rules to make has or has not been made, or that any other thing which he is so authorized to do has or has not been done, shall be prima facie evidence of the matters so certified.
(3) Each of the following, that is to say—
(a) a copy of an entry in the register or an extract from the register which is supplied under section 69(1) (right to copies of entries);
(b) a copy of—
(i) any document kept in the Registry;
(ii) an extract from any such document; or
(iii) any application for registration of a trade mark,
which purports to be a certified copy or a certified extract shall, subject to subsection (4), be admitted in evidence in all courts, and in all proceedings, without further proof and without production of any original.
(4) This section is without prejudice to section 22A or 22B or Part IV of the Evidence Ordinance (Cap. 8) and any provision made by virtue of that section or Part.

80. Registration is prima facie evidence of validity, etc.
In any proceedings relating to a registered trade mark, including proceedings for rectification of the register, the registration of a person as owner of a trade mark shall be prima facie evidence of the validity of the original registration and of any subsequent assignment or other transmission of it.

81. Certificate of validity of contested registration
(1) If in proceedings before the court the validity of the registration of a trade mark is contested and it is found by the court that the trade mark is validly registered, the court may give a certificate to that effect.
(2) If the court gives such a certificate and in any subsequent proceedings, either before the court or the Registrar—
(a) the validity of the registration is again questioned on the same or substantially the same grounds; and
(b) the owner of the registered trade mark obtains a final order, judgment or decision in his favour,
the owner is entitled to his costs on an indemnity basis unless the court or the Registrar, as the case may be, directs otherwise.
(3) Subsection (2) does not extend to the costs of an appeal in any such proceedings.

### Trade Marks Ordinance 《商標條例》

82. Burden in civil proceedings of proving use of trade mark
(1) If, in any civil proceedings under this Ordinance in which the owner of a registered trade mark is a party, a question arises as to the use to which the trade mark has been put, the burden of proving that use shall lie with the owner.
(2) If, in any civil proceedings under this Ordinance in which a licensee of a registered trade mark is a party, a question arises as to the use to which the trade mark has been put, the burden of proving that use shall lie with—
(a) the owner of the trade mark, where he is a party to the proceedings; or
(b) the licensee, where the owner is not a party to the proceedings.

83. Registrar’s appearance in proceedings involving the register
(1) In proceedings before the court involving an application for—
(a) the revocation or variation of the registration of a trade mark;
(b) a declaration of the invalidity of the registration of a trade mark; or
(c) the rectification of the register,
the Registrar is entitled to appear and be heard, and shall appear if so directed by the court.
(2) Unless otherwise directed by the court, the Registrar may instead of appearing, submit to the court a statement in writing signed by him, giving particulars of—
(a) any proceedings before him in relation to the matter in issue;
(b) the grounds of any decision given by him;
(c) the practice of the Registrar or the Registry in like cases, if any; and
(d) such matters relevant to the issues involved in the proceedings and within his knowledge as the Registrar thinks fit,
and the statement shall be deemed to form part of the evidence in the proceedings before the court.

84. Appeals from decisions or orders of Registrar
(1) An appeal lies to the court from any decision or order of the Registrar under this Ordinance.
(2) Unless the court otherwise directs, any appeal under this Ordinance which concerns an application for registration of a trade mark shall be heard in public.
(3) In any appeal under this Ordinance—
(a) the Registrar shall be entitled to appear and be represented and be heard in support of his decision or order; and
(b) the Registrar shall appear if so directed by the court.
(4) In this section, decision (決定) includes any act of the Registrar made in the exercise of a discretion vested in him by or under this Ordinance.

85. General powers of court
The court may, for the purpose of determining any question in the exercise of its original or appellate jurisdiction under this Ordinance, make any order or exercise any other power which the Registrar could have made or exercised for the purpose of determining that question.