### Trade Marks Ordinance 《商標條例》

27. Nature of registered trade mark
(1) A registered trade mark is personal property.
(2) A registered trade mark is transmissible by assignment, testamentary disposition or operation of law in the same way as other personal property; and it is so transmissible either in connection with the goodwill of a business or independently.
(3) An assignment or other transmission of a registered trade mark may be partial, that is, limited so as to apply—
(a) in relation to some but not all of the goods or services for which the trade mark is registered; or
(b) in relation to use of the trade mark in a particular manner or in a particular locality.
(4) An assignment of a registered trade mark, or an assent relating to a registered trade mark, is not effective unless it is made in writing and is signed by or on behalf of the assignor or his personal representative.
(5) The requirement in subsection (4) that an assignment or assent be signed may be satisfied in a case where the assignor or personal representative is a corporation by the affixing of the seal of the corporation.
(6) This section applies to an assignment by way of security as in relation to any other assignment.
(7) A registered trade mark may be the subject of a charge in the same way as other personal property.
(8) Nothing in this Ordinance shall be construed as affecting the assignment or other transmission of an unregistered trade mark as part of the goodwill of a business.

### Trade Marks Ordinance 《商標條例》

28. Co-ownership of registered trade mark
(1) Where a trade mark is registered in the name of 2 or more persons jointly, each of them is entitled, subject to any agreement to the contrary, to an equal undivided share in the registered trade mark.
(2) Subsections (3) to (6) apply where 2 or more persons are co-owners of a registered trade mark, whether by virtue of subsection (1) or otherwise.
(3) Subject to subsection (4) and to any agreement to the contrary, each co-owner is entitled, by himself or his agents, to do for his own benefit and without the consent of or the need to account to any other co-owner, any act which would otherwise constitute an infringement of the registered trade mark.
(4) One co-owner may not without the consent of each other co-owner—
(a) grant a licence to use the registered trade mark; or
(b) assign or charge his share in the registered trade mark.
(5) Infringement proceedings may be brought under Part III (infringement of registered trade marks) by any co-owner, but one co-owner may not, without the leave of the court, proceed with the action unless each other co-owner is either joined as a plaintiff or added as a defendant.
(6) A co-owner who is added as a defendant as mentioned in subsection (5) shall not be made liable for any costs in the action unless he takes part in the proceedings.
(7) Nothing in this section affects the granting of interlocutory relief on the application of one co-owner alone.
(8) Nothing in this section affects the mutual rights and obligations of trustees or personal representatives, or their rights and obligations as such.

### Trade Marks Ordinance 《商標條例》

30. Trust and equities
(1) No notice of any trust (whether express, implied or constructive) shall be entered in the register; and the Registrar shall not be affected by any such notice.
(2) Subject to this Ordinance, equities in respect of a registered trade mark may be enforced in like manner as in respect of other personal property.
(3) For greater certainty, nothing in this section prevents the registration of a trade mark, or the registration of particulars of a registrable transaction, in the name of a person as a trustee of a trust.

31. Application for registration of a trade mark as an object of property
(1) Sections 27 to 30 (which relate to a registered trade mark as an object of property) apply, with any necessary modifications, in relation to an application for the registration of a trade mark as in relation to a registered trade mark. 
(2) In section 28 (co-ownership of registered trade mark), as it applies in relation to an application for registration, the reference in subsection (1) of that section to the registration of a trade mark shall be construed as a reference to the making of the application.
(3) In section 29 (registration of transactions affecting registered trade mark), as it applies in relation to a transaction affecting an application for the registration of a trade mark, the references to the entry of particulars in the register, and to the making of an application to register particulars, shall be construed as references to the giving of notice to the Registrar of those particulars.

32. Interpretation
In this Part, unless the context otherwise requires—
exclusive licence (專用特許) means a licence, whether general or limited, authorizing the licensee to the exclusion of all other persons, including the person granting the licence, to use a registered trade mark in the manner authorized by the licence; and exclusive licensee (專用特許持有人) shall be construed accordingly;
licence (特許) includes a sub-licence; and licensee (特許持有人) shall be construed accordingly.

### Trade Marks Ordinance 《商標條例》

33. Licences may be general or limited
(1) A licence to use a registered trade mark may be general or limited.
(2) A limited licence may, in particular, apply—
(a) in relation to some but not all of the goods or services for which the trade mark is registered; or
(b) in relation to use of the trade mark in a particular manner or a particular locality.
(3) A licence is not effective unless it is in writing and is signed by or on behalf of the grantor.
(4) The requirement in subsection (3) may be satisfied in a case where the grantor is a corporation by the affixing of the seal of the corporation.
(5) Unless the licence provides otherwise, it is binding on a successor in title to the grantor’s interest; and references in this Ordinance to doing anything with, or without, the consent of the owner of a registered trade mark shall be construed accordingly.
(6) A licence may authorize a licensee to grant a sub-licence.

34. Exclusive licence may provide same rights as assignment, etc.
(1) An exclusive licence may provide that the exclusive licensee shall, to such extent as may be provided by the licence, have the same rights and be entitled to the same remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.
(2) An exclusive licensee has the same rights against a successor in title who is bound by the licence as he has against the person granting the licence.