Page:Trade Marks Ordinance (Cap. 559).pdf/13

(4) A trade mark shall not be registered if it is—

(a) contrary to accepted principles of morality; or

(b) likely to deceive the public.

(5) A trade mark shall not be registered if, or to the extent that—

(a) its use is prohibited in Hong Kong under or by virtue of any law; or

(b) the application for registration of the trade mark is made in bad faith.

(6) A trade mark shall not be registered if, or to the extent that, it consists of or contains—

(a) the national flag or its design;

(b) the national emblem or its design;

(c) the regional flag or its design; or

(d) the regional emblem or its design.

(7) A trade mark shall not be registered in the cases specified in section 64 (national emblems, etc.) and section 65 (emblems, etc., of certain international organizations).

(8) Where the grounds for the refusal of registration exist in respect of only some of the goods or services for which the application for registration is made, the refusal shall apply to those goods or services only.

(9) For the purposes of subsection (6)—

“national flag” (國旗) and “national emblem” (國徽) have the same meaning as in the National Flag and National Emblem Ordinance (116 of 1997);

“regional flag” (區旗) and “regional emblem” (區徽) have the same meaning as in the Regional Flag and Regional Emblem Ordinance (117 of 1997).

12. Relative grounds for refusal of registration

(1) A trade mark shall not be registered if—

(a) the trade mark is identical to an earlier trade mark; and

(b) the goods or services for which the application for registration is made are identical to those for which the earlier trade mark is protected.

(2) A trade mark shall not be registered if—

(a) the trade mark is identical to an earlier trade mark;

(b) the goods or services for which the application for registration is made are similar to those for which the earlier trade mark is protected; and

(c) the use of the trade mark in relation to those goods or services is likely to cause confusion on the part of the public.

(3) A trade mark shall not be registered if—

(a) the trade mark is similar to an earlier trade mark;