TRADE MARKS ORDINANCE
- (c) otherwise amend Schedule 1;
- (d) amend Schedule 2 (determination of well-known trade marks);
- (e) amend Schedule 3 (collective marks); and
- (f) amend Schedule 4 (certification marks).
PART XII
Offences
93. Falsification of the register
(1) Any person who makes or causes to be made a false entry in the register, knowing or having reason to believe that it is false, commits an offence.
(2) Any person who—
- (a) makes or causes to be made anything falsely purporting to be a copy of an entry in the register; or
- (b) produces or tenders or causes to be produced or tendered in evidence any such thing,
knowing or having reason to believe that it is false, commits an offence.
(3) Any person who commits an offence under this section is liable—
- (a) on summary conviction, to a fine at level 5 and to imprisonment for 6 months; and
- (b) on conviction on indictment, to a fine at level 5 and to imprisonment for 2 years.
94. Falsely representing trade mark as registered
(1) Any person who—
- (a) falsely represents that a sign is a registered trade mark; or
- (b) makes a false representation as to the goods or services for which a trade mark is registered,
knowing or having reason to believe that the representation is false, commits an offence and is liable on conviction to a fine at level 3.
(2) For the purposes of this section, the use in Hong Kong in relation to a trade mark of—
- (a) the word “registered” or “註冊”; or
- (b) any other word or symbol importing a reference, either express or implied, to registration,
is deemed to be a representation as to registration under this Ordinance unless it is shown that the reference is to registration elsewhere than in Hong Kong and that the trade mark is in fact so registered for the goods or services in question.
