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FAQ on the New Trademark Ordinance (TMO) of Hong Kong

(The New Trademark Ordinance of Hong Kong has entered into force on 4th April 2003.)

 

Registration of Trademark


1. What is the meaning of "Trade mark"?

2. What is registrable?

3. How does the new TMO deal with the Well-Known Marks?

4. How does the new ordinance deal with Collective Marks?

5. How does the new ordinance deal with Certification Marks?

Transitional Provisions

6. How does the transitional provision deal with the pending applications?

7. How does the Transitional Provision deal with the existing registrations?

8. Is the multi-class filing acceptable in the New TMO?

9. How does the new TMO deal with the official fee?

10. Is it necessary for the applicant to provide statement of use or intention to use the trademark?

11. How does the new TMO deal with the time limit to conclude Registration?

12. How does the new TMO deal with the opposition?

13. How does the new TMO deal with the registration period?

I4. Is it useful for the consent from the proprietor of a prior registered trademark to overcome the refusal?

15. Is the principle of "honest concurrent use" acceptable in the new TMO?

16. How does the new Trademark Ordinance deal with the Division and Merger of applications and registrations?

17. How does the new TMO deal with the revocation?

Infringement

18. What is the General Provisions for the infringement?

19. Is the comparative advertising permitted under the new TMO?

20. Is the parallel import permitted under the new TMO?

21. How does the TMO deal with the groundless threats of infringement proceedings?

22. Is there any change for the regulations of co-owners of registered trademark?

23. How does the new TMO deal with charges over Trademarks?

24. How does the new TMO deal with Register User/ Licensee?


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