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559 PDFTitle:TRADE MARKS ORDINANCEGazette Number:L.N. 31 of 2003
Section:2Heading:InterpretationVersion Date:04/04/2003


(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);
"limitation" (限制) means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as owner of the trade mark;
"official journal" (官方公報) means the publication for the time being specified under section 73(1) (power to specify official journal, etc.) as the official journal of record;
"owner" (擁有人), in relation to a registered trade mark, means the person whose name is for the time being entered in the register as the owner of the trade mark or, if there are 2 or more such persons, each of those persons;
"Paris Convention" (《巴黎公約》) means the Convention for the Protection of Industrial Property signed at Paris on 20 March 1883, as revised or amended from time to time;
"Paris Convention country" (巴黎公約國) means-

        (a) any country for the time being specified in Schedule 1 as being a country which has acceded to the Paris Convention;
        (b) any territory or area subject to the authority or under the suzerainty of any country referred to in paragraph (a), or any territory or area administered by any such country, on behalf of which such country has acceded to the Paris Convention;
"prescribed" (訂明) means prescribed or provided for by the rules;
"registered trade mark" (註冊商標) means a trade mark registered under section 47 (registration);
"Registrar" (處長) means the Registrar of Trade Marks;
"Registrar of Trade Marks" (商標註冊處處長) means the person holding that office by virtue of the Director of Intellectual Property (Establishment) Ordinance (Cap 412);
"Registry" (註冊處) means the Trade Marks Registry in the Intellectual Property Department administered by the Registrar;
"rules" (《規則》) means rules made by the Registrar under section 91 (rules);
"trade" (行業) includes a profession;
"World Trade Organization Agreement" (《世貿協議》) means the agreement of that name done at Marrakesh in 1994, as revised or amended from time to time;
"WTO member" (世貿成員) means any country, territory or area for the time being specified in Schedule 1 as being a country, territory or area which has acceded to the World Trade Organization Agreement.
(2) For the purposes of this Ordinance, a sign or trade mark is taken to be applied to goods, material or any other thing if it is woven in, impressed on, worked into, affixed or annexed to, or in any manner marked on or incorporated with, the goods, material or thing.
(3) The expressions listed in the left-hand column below are defined in, or fall to be construed in accordance with, the provisions of this Ordinance listed in the right-hand column in relation to those expressions.

Expression
Relevant Provision
Convention application (公約申請)
      section 41(9)
date of application for registration (註冊申請日期)
      section 39(3)
date of registration (註冊日期)
      section 48
earlier right (在先權利)
      section 12(5)
earlier trade mark (在先商標)
      section 5
exclusive licence (專用特許)
      section 32
exclusive licensee (專用特許持有人)
      section 32
filing date (提交日期)
      section 39(1)
infringement (侵犯)
      section 16
infringing articles (侵犯性物品)
      section 17(4)
infringing goods (侵犯性貨品)
      section 17(2)
infringing material (侵犯性物料)
      section 17(3)
licence (特許)
      section 32
licensee (特許持有人)
      section 32
owner of an earlier right (在先權利的擁有人)
      section 12(5)
owner of a well-known trade mark
(馳名商標的擁有人)
      section 4(3)
the register (註冊紀錄冊)
      section 8(1)
registrable transaction (可註冊交易)
      section 29(2)
registration (註冊)
      section 8(2)
series of trade marks (一系列的商標)
      section 51(3)
trade mark (商標)
      section 3
use (of sign) (使用(標誌))
      section 18(5)
use (of trade mark or sign) (使用(商標或標誌))
      section 6
use (likely to cause confusion)
(使用(相當可能會產生混淆))
      section 7
well-known trade mark (馳名商標)
      section 4(1)
WTO application (世貿申請)
      section 41(9)