TRADE MARKS ORDINANCE
“old register” (舊有註冊紀錄冊) means the register of trade marks kept under the repealed Ordinance;
“the repealed Ordinance” (被廢除條例) means the Trade Marks Ordinance (Cap. 43), as in operation immediately before its repeal by this Ordinance;
“the repealed Rules” (被廢除規則) means the Trade Marks Rules (Cap. 43 sub. leg. A), as in operation immediately before their repeal by this Ordinance.
(2)Unless the context otherwise requires, all words and expressions used in this Schedule and defined in section 2(1) of the repealed Ordinance have the same meaning as in the repealed Ordinance.
(3)In the event of an inconsistency between this Schedule and section 92 of the repealed Ordinance (transitional provisions relating to the Intellectual Property (World Trade Organization Amendments) Ordinance 1996), section 92 of the repealed Ordinance shall prevail to the extent of the inconsistency.
(4)For the purposes of this Schedule, a matter shall be treated as pending on the commencement date if—
- (a)the matter was pending before the Registrar under the old law but no written decision on the matter had been issued by the Registrar before the commencement date;
- (b)the matter was the subject of a written decision issued by the Registrar under the old law before the commencement date but the decision was subject to appeal under the old law and the period for commencing the appeal had not yet expired;
- (c)the matter was the subject of proceedings under the old law which were pending before a court immediately before the commencement date; or
- (d)the matter was the subject of an order made by a court before the commencement date but the order was subject to appeal under the old law and the period for commencing the appeal had not yet expired.
(5)For ease of reference, provisions of the repealed Ordinance referred to in this Schedule, and other relevant provisions of the repealed Ordinance, are set out in the Annex to this Schedule.
Existing registered marks
2. (1) Existing registered marks shall be deemed to be transferred on the commencement date to the new register and, subject to this Schedule, shall be deemed to be registered under this Ordinance.
(2) Existing registered marks registered as a series under section 26 of the repealed Ordinance (series of trade marks) shall be deemed to be similarly registered in the new register.
(3) Provision may be made by the rules for putting any entries in the old register of any such series in the same form as is required for new entries made in the new register on or after the commencement date.
(4) In any other case notes indicating that existing registered marks are associated with other marks shall cease to have effect on the commencement date.
3. (1) Proceedings brought under section 49 of the repealed Ordinance (power to expunge or vary registration for breach of condition) which are pending on the commencement date shall be dealt with under the old law, and any necessary alterations and entries shall be made in the new register.
(2) Any entry in the old register of a disclaimer, condition or limitation which relates to an existing registered mark shall be deemed to be transferred to the new register and shall have effect as if entered in the new register in accordance with this Ordinance.
Effects of registration—infringement
4. (1) Subject to subsections (2) and (3)—
- (a) sections 14 to 21 of this Ordinance (which relate to registration and infringement) apply in relation to an existing registered mark as from the commencement date; and
- (b) section 22 of this Ordinance (action for infringement) applies in relation to the infringement of an existing registered mark committed on or after the commencement date.
