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