### Trade Marks Ordinance 《商標條例》

35. Rights of licensees generally
(1) This section has effect with respect to the rights of a licensee in relation to the infringement of a registered trade mark but does not apply where or to the extent that—
(a) by virtue of section 36(2) (rights of certain exclusive licensees), the licensee has a right to bring infringement proceedings in his own name; or
(b) by virtue of section 37(2) (rights of sub-licensees under certain exclusive licences), a sub-licensee has the right to call on the exclusive licensee to take infringement proceedings in respect of any matter which affects the sub-licensee’s interests.
(2) A licensee is entitled, unless his licence or any licence through which his interest is derived provides otherwise, by notice in writing served on the owner of the registered trade mark, to call on the owner to take infringement proceedings in respect of any matter which affects the licensee’s interests.
(3) Unless the licence or any licence through which the licensee’s interest is derived provides otherwise, if the owner of the registered trade mark—
(a) refuses to do so; or
(b) fails to do so within 1 month after being called on to do so,
the licensee may bring the proceedings in his own name as if he were the owner.
(4) Where infringement proceedings are brought by a licensee by virtue of this section, the licensee may not, without the leave of the court, proceed with the action unless the owner of the registered trade mark is either joined as a plaintiff or added as a defendant.
(5) An owner of a registered trade mark who is added as a defendant as mentioned in subsection (4) shall not be made liable for any costs in the action unless he takes part in the proceedings.
(6) Nothing in subsection (4) affects the granting of interlocutory relief on application by a licensee alone.
(7) In infringement proceedings brought by the owner of a registered trade mark, any loss suffered or likely to be suffered by licensees shall be taken into account; and the court may give such directions as it thinks fit as to the extent to which the plaintiff is to hold the proceeds of any pecuniary remedy on behalf of licensees.

### Trade Marks Ordinance 《商標條例》

37. Rights of sub-licensees under certain exclusive licences
(1) This section applies in relation to a sub-licensee of an exclusive licensee if, or to the extent that, by virtue of section 36(2) (rights of certain exclusive licensees), the exclusive licensee has a right to bring infringement proceedings in his own name.
(2) A sub-licensee is entitled, unless his sub-licence or any licence through which his interest is derived provides otherwise, by notice in writing served on the exclusive licensee, to call on the exclusive licensee to take infringement proceedings in respect of any matter which affects the sub-licensee’s interests.
(3) Unless the sub-licence or any licence through which the sub-licensee’s interest is derived provides otherwise, if the exclusive licensee—
(a) refuses to do so; or
(b) fails to do so within 1 month after being called on to do so,
the sub-licensee may bring the proceedings in his own name as if he were the exclusive licensee.
(4) Where infringement proceedings are brought by a sub-licensee by virtue of this section, the sub-licensee may not, without the leave of the court, proceed with the action unless both the exclusive licensee and the owner of the registered trade mark are either joined as plaintiffs or added as defendants.
(5) A person who is added as a defendant as mentioned in subsection (4) shall not be made liable for any costs in the action unless he takes part in the proceedings.
(6) Nothing in subsection (4) affects the granting of interlocutory relief on application by a sub-licensee alone.

### Trade Marks Ordinance 《商標條例》

38. Application for registration
(1) An application for registration of a trade mark shall be filed with the Registrar in the prescribed manner.
(2) The application must include—
(a) for an applicant that is a corporation—
(i) a request for registration of the trade mark;
(ii) the name and address of the corporation;
(iii) the place under the law of which the corporation was formed and registered, incorporated or established;
(iv) a statement of the goods or services in relation to which registration of the trade mark is sought;
(v) a representation of the trade mark; and
(vi) any other information, document or matter that the rules may require; or
(b) for any other applicant—
(i) a request for registration of the trade mark;
(ii) the name and address of the applicant;
(iii) a statement of the goods or services in relation to which registration of the trade mark is sought;
(iv) a representation of the trade mark; and
(v) any other information, document or matter that the rules may require. (Replaced 3 of 2020 s. 8)
(3) The application shall state whether the trade mark is being used, by the applicant or with his consent, in relation to the goods or services in respect of which it is sought to be registered, and if it is not being so used, whether the applicant honestly intends to use the trade mark, or to allow it to be used, in relation to those goods or services.
(4) The application shall be filed in one of the official languages and shall also comply with the requirements of this Ordinance and the rules as to the provision of information in, or the translation of documents into, one or both of the official languages.
(5) The application shall be accompanied by the prescribed application fee and such other fees as may be prescribed.

39. Filing date
(1) The filing date of an application for registration of a trade mark is the date on which both of the following conditions are fulfilled—
(a) all the documents containing the particulars required by section 38(2)(a)(i), (ii), (iv) and (v) or (b)(i), (ii), (iii) and (iv) are filed with the Registrar;
(b) the fees payable under section 38(5) are paid. (Replaced 3 of 2020 s. 9)
(2) (Repealed 3 of 2020 s. 9)(3) References in this Ordinance to the date of application for registration of a trade mark shall be construed as references to the filing date of the application for registration.

### Trade Marks Ordinance 《商標條例》

40. Classification of goods and services
(1) Goods and services shall be classified for the purposes of the registration of trade marks according to a prescribed system of classification.
(2) Any question arising as to the class within which any goods or services fall shall be determined by the Registrar.