### Trade Marks Ordinance 《商標條例》

86. Costs of proceedings before court
(1) In all proceedings before the court under this Ordinance the court may award to any party such costs as it may consider reasonable.
(2) If in any such proceedings the court directs that any costs of one party shall be paid by another party, the court may settle the amount of the costs by fixing a lump sum or may direct that the costs shall be taxed on a scale specified by the court, being a scale of costs prescribed by rules of court.

87. Costs of proceedings before Registrar
(1) The Registrar may, in proceedings before him under this Ordinance, by order award to any party such costs as he may consider reasonable and direct how and by what parties they are to be paid.
(2) Any costs awarded under this section shall, if the court so orders, be recoverable by execution issued from the court as if they were payable under an order of that court.
(3) Provision may be made by the rules—
(a) to empower the Registrar, in such cases as may be prescribed, to require a party to any proceedings before him to give security for costs in relation to those proceedings; and
(b) as to the consequences if security is not given.

88. Recognition of agents
(1) Except as otherwise provided by the rules, any act required or authorized by this Ordinance to be done by or to a person in connection with the registration of a trade mark, or any procedure relating to a trade mark, may be done by or to an agent authorized by that person orally or in writing.
(2) The rules may in particular authorize the Registrar to refuse to recognize as an agent in respect of any business under this Ordinance any person specified for the purpose in the rules.
(3) The Registrar shall refuse to recognize as an agent a person having neither residence nor a place of business in Hong Kong.

89. Hours of business and business days
(1) The Registrar may give directions specifying the hours of business of the Registry for the purpose of the transaction of business under this Ordinance and the days which are business days for that purpose.
(2) Business done on any day after the specified hours of business, or on a day which is not a business day, shall be deemed to have been done on the next business day; and where the time for doing anything under this Ordinance expires on a day which is not a business day, that time shall be extended to the next business day.
(3) Directions given by the Registrar under this section may make different provision for different classes of business and shall be published in the prescribed manner.

90. Government’s right to sell forfeited articles
Nothing in this Ordinance affects the right of the Government or any person deriving title directly or indirectly from the Government to dispose of or use articles forfeited under the law relating to customs or excise.

### Trade Marks Ordinance 《商標條例》

90A. Interpretation of Part XA
(1) In this Part—
basic application (基礎申請) means an application filed under section 38 and on the basis of which an international application is made;
basic registration (基礎註冊) means a registration under section 47 and on the basis of which an international application is made;
international application (國際申請) means an application made to the International Bureau through the Registry for registration of a trade mark in the International Register.
(2) In this Part, a reference to an application filed under section 38 in the definition of basic application

90B. Rules for implementing Madrid Protocol
(1) The Registrar may make rules to give effect in Hong Kong to the provisions of the Madrid Protocol.
(2) Without limiting subsection (1), rules made under this Part may provide for the application of any provision in this Ordinance to the extent and in the way specified in the rules in relation to—
(a) an international application;
(b) an international designation (HK); or
(c) a protected international trade mark (HK).
(3) Sections 90C, 90D and 90E do not limit the Registrar’s powers under subsection (1).

90C. Rules for international application
The Registrar may make rules to provide for—
(a) matters relating to an international application (including the procedure for making or dealing with the application);
(b) the procedure to be followed when—
(i) a basic application fails, or is divided or merged; and
(ii) a basic registration ceases to be in force, or is merged; and
(c) the communication of information to the International Bureau.

### Trade Marks Ordinance 《商標條例》

90D. Rules for international designation (HK) and protected international trade mark (HK)
(1) The Registrar may make rules to provide for matters relating to an international designation (HK) and a protected international trade mark (HK).
(2) Without limiting subsection (1), the rules may provide for the following matters—
(a) the procedure for dealing with an international designation (HK), including—
(i) the examination of the designation by the Registrar;
(ii) the publication of the particulars of the designation in the official journal;
(iii) the conduct of proceedings for opposing the conferring of protection on the designation; and
(iv) the amendment, division or merger of the designation;
(b) the communication of information to the International Bureau (including information relating to the Registrar’s examination of an international designation (HK));
(c) the possible effects of correcting an international registration on an international designation (HK) or a protected international trade mark (HK);
(d) the protection conferred on a protected international trade mark (HK) and the circumstances in which protection is conferred (including any change in those circumstances);
(e) the circumstances in which the protection ceases and the procedure to be followed in cases of cessation;
(f) the keeping of a register that contains matters relating to international designations (HK) and protected international trade marks (HK);
(g) the correction, amendment or removal of any information in the register;
(h) the transformation of an international designation (HK), or a protected international trade mark (HK), into an application for registration of the trade mark in Hong Kong;
(i) the treatment of a protected international trade mark (HK) that is concurrent with a registered trade mark under Article 4bis

90E. Rules for other matters
The Registrar may make rules to provide for—
(a) matters relating to payments to the Registry in relation to an international application, an international designation (HK) and a protected international trade mark (HK), including fees and charges;
(b) the requirements in respect of the documents or other information to be filed with, or served on, the Registrar;
(c) the rectification by the Registrar of irregularities in the procedure;
(d) the Registrar’s power to—
(i) extend any time limit prescribed by the rules;
(ii) order security for costs; and
(iii) tax costs;
(e) the inspection of a document and the supply of copies of a document;
(f) the publication of a notice, order or any other document or matter (whether or not it is required by the rules to be published in the official journal); and
(g) the record keeping and disposal arrangements of the Registry.