Page:Trade Marks Ordinance (Cap. 559).pdf/17

(a) the articles are specifically designed or adapted for making copies of a sign identical or similar to the registered trade mark; and

(b) the articles are in the possession, custody or control of a person who knows or has reason to believe that they have been or are to be used to produce infringing goods or material.

(5) Nothing in subsection (2) shall be construed as affecting the importation of goods which may be lawfully imported into Hong Kong by virtue of any law of Hong Kong.

Infringing acts

18. Infringement of registered trade mark

(1) A person infringes a registered trade mark if he uses in the course of trade or business a sign which is identical to the trade mark in relation to goods or services which are identical to those for which it is registered.

(2) A person infringes a registered trade mark if—

(a) he uses in the course of trade or business a sign which is identical to the trade mark in relation to goods or services which are similar to those for which it is registered; and

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

(3) A person infringes a registered trade mark if—

(a) he uses in the course of trade or business a sign which is similar to the trade mark in relation to goods or services which are identical or similar to those for which it is registered; and

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

(4) A person infringes a registered trade mark if—

(a) he uses in the course of trade or business a sign which is identical or similar to the trade mark in relation to goods or services which are not identical or similar to those for which the trade mark is registered;

(b) the trade mark is entitled to protection under the Paris Convention as a well-known trade mark; and

(c) the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or repute of the trade mark.

(5) For the purposes of this section a person uses a sign if, in particular, he—

(a) applies it to goods or their packaging;

(b) offers or exposes goods for sale under the sign;