Page:Trade Marks Ordinance (Cap. 559).pdf/19

(a) the date of first use in Hong Kong of the trade mark which is registered; and

(b) the date of registration in Hong Kong of that trade mark.

20. Exhaustion of rights conferred by registered trade mark

(1) Notwithstanding section 18 (infringement of registered trade mark), a registered trade mark is not infringed by the use of the trade mark in relation to goods which have been put on the market anywhere in the world under that trade mark by the owner or with his consent (whether express or implied or conditional or unconditional).

(2) Subsection (1) does not apply where the condition of the goods has been changed or impaired after they have been put on the market, and the use of the registered trade mark in relation to those goods is detrimental to the distinctive character or repute of the trade mark.

21. Use in advertising, etc.

(1) Nothing in section 18 (infringement of registered trade mark) shall be construed as preventing the use by any person of a registered trade mark for the purpose of identifying goods or services as those of the owner of the registered trade mark or a licensee, but any such use which is otherwise than in accordance with honest practices in industrial or commercial matters shall be treated as infringing the registered trade mark.

(2) In determining for the purposes of subsection (1) whether the use is in accordance with honest practices in industrial or commercial matters, the court may consider such factors as it considers relevant including, in particular, whether—

(a) the use takes unfair advantage of the trade mark;

(b) the use is detrimental to the distinctive character or repute of the trade mark; or

(c) the use is such as to deceive the public.

(3) For the avoidance of doubt, nothing in this section shall be construed as applying to the interpretation of section 20 (exhaustion of rights conferred by registered trade mark).

Infringement proceedings

22. Action for infringement

(1) An infringement of a registered trade mark is actionable by the owner of the trade mark.