### Trade Marks Ordinance 《商標條例》

12. Relative grounds for refusal of registration
(1) A trade mark shall not be registered if—
(a) the trade mark is identical to an earlier trade mark; and
(b) the goods or services for which the application for registration is made are identical to those for which the earlier trade mark is protected.
(2) A trade mark shall not be registered if—
(a) the trade mark is identical to an earlier trade mark;
(b) the goods or services for which the application for registration is made are similar to those for which the earlier trade mark is protected; and
(c) the use of the trade mark in relation to those goods or services is likely to cause confusion on the part of the public.
(3) A trade mark shall not be registered if—
(a) the trade mark is similar to an earlier trade mark;
(b) the goods or services for which the application for registration is made are identical or similar to those for which the earlier trade mark is protected; and
(c) the use of the trade mark in relation to those goods or services is likely to cause confusion on the part of the public.
(4) Subject to subsection (6), a trade mark (later trade mark

13. Honest concurrent use, etc.
(1) Nothing in section 12 (relative grounds for refusal of registration) prevents the registration of a trade mark where the Registrar or the court is satisfied—
(a) that there has been an honest concurrent use of the trade mark and the earlier trade mark or other earlier right; or
(b) that by reason of other special circumstances it is proper for the trade mark to be registered.
(2) The registration of a trade mark under or by virtue of subsection (1) shall be subject to such limitations and conditions as the Registrar or the court thinks fit to impose.
(3) Nothing in this section prevents the Registrar from refusing to register a trade mark on any of the grounds mentioned in section 11 (absolute grounds for refusal of registration).

14. Rights conferred by registered trade mark
(1) The owner of a registered trade mark has exclusive rights in the trade mark which are infringed by use of the trade mark in Hong Kong without his consent.
(2) The acts constituting infringement of a registered trade mark, if done without the consent of the owner, are specified in section 18 (infringement of registered trade mark) but are subject to the exceptions specified in section 19 (exceptions to infringement), section 20 (exhaustion of rights conferred by registered trade mark) and section 21 (use in advertising, etc.).
(3) The rights of the owner of a registered trade mark have effect from the date of registration of the trade mark.

### Trade Marks Ordinance 《商標條例》

15. Disclaimers, limitations and conditions
(1) An applicant for registration of a trade mark, or the owner of a registered trade mark, may—
(a) disclaim any right to the exclusive use of any specified element of the trade mark; or
(b) agree that the rights conferred by the registration shall be subject to a specified territorial or other limitation or condition.
(2) Where the registration of a trade mark is subject to a disclaimer, limitation or condition, the rights in the registered trade mark conferred by this Ordinance are restricted accordingly.
(3) Provision may be made by the rules as to the publication in the official journal and entry in the register of particulars of a disclaimer, limitation or condition.

16. References to infringement
References in this Ordinance to the infringement of a registered trade mark shall be construed as references to any infringement of the rights of the owner.

17. References to infringing goods, material or articles
(1) References in this Ordinance to infringing goods, infringing material or infringing articles shall be construed in accordance with this section.
(2) Goods are infringing goods, in relation to a registered trade mark, if the goods or their packaging bear a sign identical or similar to the registered trade mark and—
(a) the application of the sign to the goods or their packaging constituted an infringement of the registered trade mark at the time the sign was applied;
(b) the goods are proposed to be imported into Hong Kong and the application of the sign in Hong Kong to the goods or their packaging would constitute an infringement of the registered trade mark; or
(c) the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark.
(3) Material is infringing material, in relation to a registered trade mark, if the material bears a sign identical or similar to the registered trade mark and either—
(a) the material is used—
(i) for labelling goods;
(ii) for packaging goods;
(iii) as a business paper; or
(iv) for advertising goods or services,
in such a way as to infringe the registered trade mark; or
(b) the material is intended to be so used and such use would constitute an infringement of the registered trade mark.
(4) Articles are infringing articles, in relation to a registered trade mark, if—
(a) the articles are specifically designed or adapted for making copies of a sign identical or similar to the registered trade mark; and
(b) the articles are in the possession, custody or control of a person who knows or has reason to believe that they have been or are to be used to produce infringing goods or material.
(5) Nothing in subsection (2) shall be construed as affecting the importation of goods which may be lawfully imported into Hong Kong by virtue of any law of Hong Kong.

### Trade Marks Ordinance 《商標條例》

18. Infringement of registered trade mark
(1) A person infringes a registered trade mark if he uses in the course of trade or business a sign which is identical to the trade mark in relation to goods or services which are identical to those for which it is registered.
(2) A person infringes a registered trade mark if—
(a) he uses in the course of trade or business a sign which is identical to the trade mark in relation to goods or services which are similar to those for which it is registered; and
(b) the use of the sign in relation to those goods or services is likely to cause confusion on the part of the public.
(3) A person infringes a registered trade mark if—
(a) he uses in the course of trade or business a sign which is similar to the trade mark in relation to goods or services which are identical or similar to those for which it is registered; and
(b) the use of the sign in relation to those goods or services is likely to cause confusion on the part of the public.
(4) A person infringes a registered trade mark if—
(a) he uses in the course of trade or business a sign which is identical or similar to the trade mark in relation to any goods or services; (Amended 3 of 2020 s. 7)
(b) the trade mark is entitled to protection under the Paris Convention as a well-known trade mark; and
(c) the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or repute of the trade mark.
(5) For the purposes of this section a person uses a sign if, in particular, he—
(a) applies it to goods or their packaging;
(b) offers or exposes goods for sale under the sign;
(c) puts goods on the market under the sign;
(d) stocks goods under the sign for the purpose of offering or exposing them for sale or of putting them on the market;
(e) offers or supplies services under the sign;
(f) imports or exports goods under the sign; or
(g) uses the sign on business papers or in advertising.
(6) Notwithstanding subsection (5), a person who applies or causes to be applied a registered trade mark, or a sign similar to a registered trade mark, to material which is intended to be used—
(a) for labelling or packaging goods;
(b) as a business paper; or
(c) for advertising goods or services,
shall be treated as a party to any use of the material which infringes the registered trade mark if, at the time the trade mark or sign was applied to the material, he knew or had reason to believe that its application to the material was not authorized by the owner of the registered trade mark or by a licensee.