Page:Trade Marks Ordinance (Cap. 559).pdf/43

(2) A trade mark may be registered as a defensive trade mark in respect of particular goods or services even if the owner of the registered trade mark does not use or intend to use the trade mark in relation to those goods or services.

(3) A trade mark may be registered as a defensive trade mark in respect of particular goods or services even if it is already registered (otherwise than as a defensive trade mark) in the name of the applicant in respect of those goods or services.

(4) A trade mark that is registered as a defensive trade mark in respect of particular goods or services may be subsequently registered (otherwise than as a defensive trade mark) in the name of the owner of the registered trade mark in respect of the same goods or services.

(5) The Registrar shall refuse an application made under subsection (1) if—

(a) the trade mark is not registered as a trade mark in the name of the applicant; or

(b) the extent to which the registered trade mark is being or has been used does not accord with the circumstances described in subsection (1).

(6) Any person may apply to the Registrar or to the court for the revocation of the registration of a trade mark as a defensive trade mark on any of the following grounds—

(a) that the trade mark is not otherwise registered in the name of the owner of the registered defensive trade mark; or

(b) that the extent to which the registered trade mark is being or has been used does not accord with the circumstances described in subsection (1),

and such revocation may be in respect of all or any of the goods or services in respect of which the registered trade mark is registered as a defensive trade mark.

(7) Section 38(3) (application for registration), section 52(2)(a), (b) and (c) (revocation of registration) and such other provisions of this Ordinance as may be inconsistent with this section shall not apply in relation to defensive trade marks.

61. Collective marks

(1) A collective mark is a sign distinguishing the goods or services of members of the association which is the owner of the sign from those of other undertakings.

(2) This Ordinance applies to collective marks in the manner and to the extent specified in Schedule 3.