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Rights of trade mark owners

Rights of trade mark owners

Types of IP

Rights of trade mark owners


A registered trade mark is a personal property.  The owner of a registered trade mark has exclusive rights in the trade mark which are infringed by use of the trade mark in Hong Kong without his consent.  Generally, a person infringes a registered trade mark if in the course of trade or business the person uses a sign which is identical or confusingly similar to the registered trade mark in relation to identical or similar goods or services.  An infringement of a registered trade mark is actionable by the owner of the trade mark. Your rights as the owner of a registered trade mark include but are not limited to the following:

  1. the right to obtain a court order (called an injunction) to stop a competitor from infringing your trade mark
  1. the right to obtain monetary compensation (called damages or account of profits) from an infringer that has unlawfully used your trade mark
  1. the right to obtain a court order for delivery up or disposal of infringing articles or removal of an infringing mark
  1. the right to grant a licence to another person to use your trade mark, in return for royalties and other payments
  1. the right to sell your trade mark
  1. the right to make a gift of your trade mark in your will.