### Trade Marks Ordinance 《商標條例》

51. Division, merger and registration of series
(1) Provision may be made by the rules as to—
(a) the division of an application for the registration of a trade mark into 2 or more separate applications, each of which claims the same protection under this Ordinance as the original application;
(b) the merging of separate applications for registration of a trade mark, each of which claims the same protection under this Ordinance, into a single application;
(c) the merging of separate registrations, each of which provides the same protection under this Ordinance in relation to the same trade mark, into a single registration; and
(d) the registration of a series of trade marks.
(2) Without prejudice to the generality of subsection (1), provision may be made by the rules as to—
(a) the circumstances in which, and conditions subject to which, the division of an application for registration, the merging of separate applications or registrations, or the registration of a series of trade marks, is permitted;
(b) the effect of a division of an application for registration or of a merger of separate applications or registrations; and
(c) the purposes for which an application for the registration of a trade mark is to be treated as a single application and those for which it is to be treated as a number of separate applications.
(3) In this section, series of trade marks (一系列的商標) means a number of trade marks which resemble each other as to their material particulars and differ only as to matters of a non-distinctive character not substantially affecting the identity of the trade mark.

### Trade Marks Ordinance 《商標條例》

53. Declaration of invalidity of registration
(1) An application for a declaration of invalidity of the registration of a trade mark may be made by any person, and may be made either to the Registrar or to the court.
(2) In the case of bad faith in the registration of a trade mark, the Registrar himself may apply to the court for a declaration of the invalidity of the registration.
(3) The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in contravention of section 11 (absolute grounds for refusal of registration).
(4) Where the trade mark was registered in contravention of section 11(1)(b), (c) or (d), it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it is registered.
(5) Subject to subsections (6) and (7), the registration of a trade mark may also be declared invalid on the ground—
(a) that there is an earlier trade mark in relation to which the conditions set out in section 12(1), (2) or (3) (relative grounds for refusal of registration) apply; or
(b) that there is an earlier right in relation to which the condition set out in section 12(4) or (5) (relative grounds for refusal of registration) is satisfied.
(6) The registration of a trade mark may not be declared invalid under subsection (5) if the owner of the earlier trade mark or other earlier right has consented to the registration.
(7) Where a trade mark has been registered on the ground that there has been an honest concurrent use of the trade mark and the earlier trade mark or other earlier right, as provided for by section 13 (honest concurrent use, etc.), the registration of a trade mark may not be declared invalid under subsection (5) unless the Registrar or the court is satisfied that in fact there had been no honest concurrent use of the trade mark and the earlier trade mark or other earlier right.
(8) Where the grounds of invalidity exist in respect of only some of the goods or services for which the trade mark is registered, the trade mark shall be declared invalid as regards those goods or services only.
(9) Without affecting transactions past and closed, where the registration of a trade mark is declared invalid under this section to any extent, the registration shall to that extent be deemed never to have been made.

### Trade Marks Ordinance 《商標條例》

54. Variation of registration
(1) An application for the variation of the registration of a trade mark may be made by any person, and may be made either to the Registrar or to the court.
(2) The registration of a trade mark may be varied only on the ground that there has been a contravention of or a failure to observe any condition entered in the register in relation to its registration.

55. Alteration of registered trade mark
(1) Except as provided in this section, a registered trade mark shall not be altered in the register.
(2) The Registrar may, at the request of any owner of a registered trade mark which contains or consists of the name or address of the owner or any previous owner, allow the alteration of that name or address but only to the extent that the alteration does not substantially affect the identity of the trade mark. (Amended 10 of 2005 s. 36)
(3) Provision may be made by the rules—
(a) as to the effect of any such alteration;
(b) for the publication in the official journal of particulars of any such alteration; and
(c) for the making of objections by any person claiming to be affected by it.

56. Surrender of registered trade mark
(1) The registration of a trade mark may be surrendered by the owner in respect of some or all of the goods or services for which the trade mark is registered.
(2) Provision may be made by the rules—
(a) as to the manner and effect of a surrender; and
(b) for protecting the interests of other persons having a right in the trade mark.

### Trade Marks Ordinance 《商標條例》

57. Rectification or correction etc.
(Amended 3 of 2020 s. 11)(1) Subject to subsection (2), any person having a sufficient interest may apply for the rectification of an error or omission in the register.
(2) An application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark.
(3) An application for rectification may be made either to the Registrar or to the court.
(4) Except where the Registrar or the court directs otherwise, the effect of rectification of the register is that the error or omission in question is deemed never to have been made.
(5) The Registrar may, on request made by the owner of a registered trade mark or a licensee, or by any person having an interest in or charge on a registered trade mark the particulars of which have been entered in the register under section 29 (registration of transactions affecting registered trade mark), enter any change in his name or address, or in any other particulars identifying such person, as recorded in the register.
(6) The Registrar may correct an error or omission in the register if satisfied that the error or omission is attributable to the Registrar. (Replaced 3 of 2020 s. 11)
(6A) The power to correct may be exercised—
(a) on the Registrar’s own initiative; or
(b) on application in writing by a person having a sufficient interest. (Added 3 of 2020 s. 11)
(6B) Before making a correction, the Registrar must give notice of the proposed correction to any person the Registrar considers should be notified of the proposed correction. (Added 3 of 2020 s. 11)
(6C) To avoid doubt, the power to correct is exercisable regardless of whether the error or omission may affect the validity of the registration of a trade mark. (Added 3 of 2020 s. 11)
(7) The Registrar may remove from the register matter appearing to him to have ceased to have effect.