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62. Certification marks

(1) A certification mark is a sign indicating that the goods or services in connection with which it is used are certified by the owner of the sign in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.

(2) This Ordinance applies to certification marks in the manner and to the extent specified in Schedule 4.

PART IX
Paris Convention and World Trade Organization Agreement: Supplementary Provisions

63. Well-known trade marks: Article 6bis of Paris Convention

(1) Subject to section 59 (effect of acquiescence), the owner of a trade mark which is entitled to protection under the Paris Convention as a wellknown trade mark is entitled to restrain by injunction the use in Hong Kong of a trade mark which, or the essential part of which, is identical or similar to his trade mark, in relation to identical or similar goods or services, where such use is likely to cause confusion on the part of the public.

(2) Nothing in subsection (1) affects the continuation of any use in good faith of a trade mark which was begun before the commencement of this section.

64. National emblems, etc.: Article 6ter of Paris Convention

(1) Subject to section 11(6) (absolute grounds for refusal of registration), a trade mark which consists of or contains the flag of a Paris Convention country or WTO member shall not be registered without the authorization of the competent authorities of that country or member, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorization.

(2) Subject to section 11(6) (absolute grounds for refusal of registration), a trade mark which consists of or contains the armorial bearings or any other state emblem of a Paris Convention country or WTO member which is protected under the Paris Convention (including any armorial bearings or state emblems entitled to such protection by virtue of the World Trade Organization Agreement) shall not be registered without the authorization of the competent authorities of that country or member.