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TRADE MARKS ORDINANCE

Ord. No. 35 of 2000
A1149


HONG KONG SPECIAL ADMINISTRATIVE REGION


Ordiance No. 35 of 2000

L.S.

TUNG Chee-hwa
Chief Executive
15 June 2000

An Ordinance to make new provision in respect of the registration of trade marks and to provide for connected matters.

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Enacted by the Legislative Council.

PART I
Preliminary

1. Short title and commencement

(1) This Ordinance may be cited as the Trade Marks Ordinance.

(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Commerce and Industry by notice in the Gazette.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires—

“certification mark” (證明商標) has the meaning assigned by section 62(1) (certification marks);

“certified” (核證), in relation to a copy or extract, means certified by the Registrar and sealed with the seal of the Registrar;

“collective mark” (集體商標) has the meaning assigned by section 61(1) (collective marks);

“corporation” (法團) means any company or other body corporate, incorporated or formed either in Hong Kong or elsewhere;

“court” (法院) means the Court of First Instance;

“defensive trade mark” (防禦商標) means a trade mark registered as a defensive trade mark under section 60 (defensive trade marks);

“infringement proceedings” (反侵犯法律程序), in relation to a registered trade mark, includes proceedings under section 23 (order for delivery up) and section 25 (order for disposal);