### Trade Marks Ordinance 《商標條例》

92. Regulations
The Chief Executive in Council may by regulation—
(a) add to Schedule 1 (Paris Convention countries and WTO members) the name of—
(i) any country which has acceded to the Paris Convention;
(ii) any country, territory or area which has acceded to the World Trade Organization Agreement;
(b) delete from Schedule 1 the name of—
(i) any country which has denounced the Paris Convention;
(ii) any country, territory or area which has denounced the World Trade Organization Agreement;
(c) otherwise amend Schedule 1;
(d) amend Schedule 2 (determination of well-known trade marks);
(e) amend Schedule 3 (collective marks); and
(f) amend Schedule 4 (certification marks).

93. Falsification of the register
(1) Any person who makes or causes to be made a false entry in the register, knowing or having reason to believe that it is false, commits an offence.
(2) Any person who—
(a) makes or causes to be made anything falsely purporting to be a copy of an entry in the register; or
(b) produces or tenders or causes to be produced or tendered in evidence any such thing,
knowing or having reason to believe that it is false, commits an offence.
(3) Any person who commits an offence under this section is liable—
(a) on summary conviction, to a fine at level 5 and to imprisonment for 6 months; and
(b) on conviction on indictment, to a fine at level 5 and to imprisonment for 2 years.

94. Falsely representing trade mark as registered
(1) Any person who—
(a) falsely represents that a sign is a registered trade mark; or
(b) makes a false representation as to the goods or services for which a trade mark is registered,
knowing or having reason to believe that the representation is false, commits an offence and is liable on conviction to a fine at level 3.
(2) For the purposes of this section, the use in Hong Kong in relation to a trade mark of—
(a) the word “registered” or “註冊”; or
(b) any other word or symbol importing a reference, either express or implied, to registration,
is deemed to be a representation as to registration under this Ordinance unless it is shown that the reference is to registration elsewhere than in Hong Kong and that the trade mark is in fact so registered for the goods or services in question.

95. Misuse of title “Trade Marks Registry”
Any person who uses on his place of business, or on any document issued by him, or otherwise, the words “Trade Marks Registry” or “商標註冊處” or any other words suggesting that his place of business is, or is officially connected with, the Registry, commits an offence and is liable on summary conviction to a fine at level 4.

### Trade Marks Ordinance 《商標條例》

96. Offences committed by and proceedings relating to corporations
(1) Where an offence under this Ordinance committed by a corporation is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the corporation, or a person purporting to act in any such capacity, he as well as the corporation is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) The following provisions apply for the purposes of proceedings for an offence under this Ordinance alleged to have been committed by a corporation—
(a) any rules of court relating to the service of documents; and
(b) section 19A (plea by a corporation before a magistrate) and section 87 (procedure on charge of indictable offence against corporation) of the Magistrates Ordinance (Cap. 227).
(3) In this section, director (董事) includes—
(a) any person who occupies the position of director, by whatever name called; and
(b) any person in accordance with whose directions or instructions the directors of a corporation are accustomed to act.

(4) A person shall not be treated as a director of a corporation by reason only that the directors of the corporation act on advice given by him in a professional capacity.

96A. Interpretation of Part XIIA
In this Part—
Commissioner (關長) means the Commissioner of Customs and Excise and includes any Deputy or Assistant Commissioner of Customs and Excise;
court (法院) means a court of competent jurisdiction of the Hong Kong Special Administrative Region and includes a magistrate;
document (文件) includes information recorded in any form;
enforcement officer (執法人員) means—(a) a member of the Customs and Excise Service established by section 3 of the Customs and Excise Service Ordinance (Cap. 342); or
(b) an officer appointed under section 96B(1);

forfeitable item (可予沒收物件) means anything in respect of which an offence under this Ordinance has been committed;
forfeiture application (沒收申請) means an application to the court for an order set out in section 96G(3);
proceeds application (收益申請) means an application to the court for an order set out in section 96H(6);
sale application (售賣申請), in relation to a forfeitable item, means an application to the court for an order set out in section 96H(4);
specified evidence (指明證據) means anything that is or that contains, or that is likely to be, or to contain, evidence of an offence under this Ordinance;
specified recipient (指明收受者), in relation to a forfeitable item, means a person who appears to the Commissioner to be the owner of the item, one of its owners or an owner’s authorized agent.

### Trade Marks Ordinance 《商標條例》

96B. Appointment of enforcement officers
(1) The Commissioner may appoint in writing a public officer as an enforcement officer for the purposes of this Ordinance.
(2) When exercising a power under this Part, an enforcement officer must produce evidence of the officer’s identity.

96C. Power to investigate etc.
(1) If an enforcement officer reasonably suspects an offence under this Ordinance has been or is being committed, the officer may do all or any of the following things for the purposes of conducting an investigation—
(a) subject to section 96D, enter and search any place;
(b) stop, board and search any conveyance that the officer reasonably suspects contains anything that appears to the officer to be specified evidence;
(c) make any inquiry that the officer reasonably requires for the investigation;
(d) inspect, examine, search, seize, remove or detain anything that appears to the officer to be specified evidence;
(e) require a specified person to provide the officer with any information, document or any other thing that the officer reasonably believes to be relevant to the investigation;
(f) require a specified person to give the officer all other assistance that the officer reasonably requires for the investigation.
(2) In this section—
specified person (指明人士), in relation to an offence that an enforcement officer reasonably suspects has been or is being committed, means—(a) a person who has or may have possession or control of any information, document or any other thing relevant to the investigation of the offence; or
(b) a person who may otherwise be able to assist the officer in relation to the investigation of the offence.