Page:Trade Marks Ordinance (Cap. 559).pdf/37

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TRADE MARKS ORDINANCE

Ord. No. 35 of 2000
A1209


(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.

PART XII
Licensing of Registered Trade Marks

Revocation, invalidity and variation

52. Revocation of registration

(1) An application for the revocation 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 revoked on any of the following grounds, namely—

(a) that the trade mark has not been genuinely used in Hong Kong by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, and there are no valid reasons for non-use (such as import restrictions on, or other governmental requirements for, goods or services protected by the trade mark);
(b) that the trade mark consists of a sign that, in consequence of the acts or the inactivity of the owner—