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(b) to cancel or refuse to renew the registration of the trade mark in the event of the owner failing to do so.

(5) Any such power of amendment shall not be exercised so as to extend the rights conferred by the registration, except where it appears to the Registrar that compliance with this requirement would involve undue complexity and that any extension would not be substantial and would not adversely affect the rights of any person.

Acquiescence in use of registered trade mark

59. Effect of acquiescence

(1) Where the owner of an earlier trade mark or other earlier right has acquiesced for a continuous period of 5 years in the use of a registered trade mark in Hong Kong, being aware of that use, there shall cease to be any entitlement on the basis of that earlier trade mark or other earlier right—

(a) to apply for a declaration that the registration of the later trade mark is invalid; or

(b) to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used,

unless the application for registration of the later trade mark was made in bad faith.

(2) Where subsection (1) applies, the owner of the later trade mark is not entitled to oppose the use of the earlier trade mark or the exploitation of the earlier right, as the case may be, notwithstanding that the earlier trade mark or earlier right may no longer be invoked against his later trade mark.

PART VIII
Defensive Trade Marks, Collective Marks and Certification Marks

60. Defensive trade marks

(1) If a registered trade mark has been used so much in relation to all or any of the goods or services for which it is registered that it has become exceptionally well known in Hong Kong and, as a result, its use in relation to other goods or services would be likely to detract from its distinctive character in relation to the goods or services for which it has been so used, the trade mark may, on the application of the owner of the registered trade mark made to the Registrar, be registered as a defensive trade mark in respect of any or all of those other goods or services.