Registered Trade Mark Infringement
What is Registered Trade Mark Infringement ?
Under section 18 of the Trade Marks Ordinance (Cap. 559), a person would be regarded as having infringed a registered trade mark under any of the 4 situations:
Section 18(1) of Trade Marks Ordinance
(1) A person infringes a Registered Trade Mark if :
[Simplify Meaning : Same Trade Mark + Same Goods or Services]
Section 18(2) of Trade Marks Ordinance
(2) A person infringes a Registered Trade Mark if—
[ Simplify Meaning: Same Trade Mark + Similar Goods or Services + Likely to Confuse Public]
Section 18(3) of Trade Marks Ordinance
(3) A person infringes a Registered Trade Mark if—
[ Simplify Meaning: Similar Trade Mark + Same or Similar Goods or Services + Likely to Confuse Public]
Section 18(4) of Trade Marks Ordinance
(4)A person infringes a Registered Trade Mark if:
[ Simplify Meaning: Same or Similar Trade Mark + Not Same or Not Similar Goods or Services + Well Known Trade Mark + Take Unfair Advantage or Detrimental to the Well Known Trade Mark]
Meaning of “ A person uses a sign”
Under section 18(5) of the Trade Marks Ordinance, Cap. 559, a person uses a sign if, in particular, he—
Section 18(6)
Notwithstanding section 18(5), a person who applies or causes to be applied a registered trade mark, or a sign similar to a registered trade mark, to material which is intended to be used—
(a)for labelling or packaging goods;
(b)as a business paper; or
(c)for advertising goods or services,
shall be treated as a party to any use of the material which infringes the registered trade mark if, at the time the trade mark or sign was applied to the material, he knew or had reason to believe that its application to the material was not authorized by the owner of the registered trade mark or by a licensee.
For legal advice or services on trade mark infringement or defence to trade mark infringement claim, please contact CHOW & CHEUNG [cac@ccsn.hk / +852 2856 3799]
www.ccsn.hk