The price of fame in Hong Kong


Kenny Leung

A trademark that is entitled to protection under the Paris Convention as a well-known trademark can be protected under the Trade Marks Ordinance in Hong Kong.

In determining whether a mark is well-known in Hong Kong, the registrar or the court should make references to a nonexhaustive list of factors laid down in Schedule 2 attached to the Trade Marks Ordinance. These factors are:

(a) The degree of knowledge or recognition of the trademark in the relevant sectors of the public;

(b) The duration, extent and geographical area of any use of the trademark;

Well-known marks, Trade Marks Ordinance