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Chapter: | 559
 | Title: | TRADE MARKS ORDINANCE | Gazette Number: | L.N. 31 of 2003 |
| Section: | 4 | Heading: | Meaning of "well-known trade mark" | Version Date: | 04/04/2003 |
(1) References in this Ordinance to a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark shall be construed as references to a trade mark which is well known in Hong Kong and which is the trade mark of a person who-
- (a) is a national of, or is domiciled or ordinarily resident in, a Paris Convention country or WTO member;
(b) has a right of abode in Hong Kong; or
(c) has a real and effective industrial or commercial establishment in a Paris Convention country, a WTO member or Hong Kong,
(2) In determining for the purposes of subsection (1) whether a trade mark is well known in Hong Kong, the Registrar or the court shall have regard to Schedule 2.
(3) References in this Ordinance to the owner of a well-known trade mark shall be construed in accordance with subsection (1).