For trade marks, the position is relatively straightforward:
Existing registered trade marks will all be transferred to the new single register.
The old law will continue to apply to infringements occurring before the date of commencement of the new Ordinance.
Thereafter, owners of existing trade marks will enjoy the wider rights against infringers under the new Ordinance, but will not be able to prevent the continuation of any existing uses which do not infringe under the old law.
Pending applications to cancel or vary existing registrations will be considered under the old law. Where an application has not been advertised before the date of commencement, the applicant may ask for it to be examined under the new Ordinance but the application will be deemed to have been filed on the date of commencement (which may involve a loss of priority). There will be a six month time limit for transferring applications.
Existing registered user entries will be transferred to the new register under the new Ordinance.
Further information on the above may be obtained via Linklaters & Paines Hong Kong office or via any of the other nine Linklaters & Paines offices world-wide, located in Singapore, Tokyo, London, Brussels, Paris, Frankfurt, New York, Washington D.C. and Moscow. Contact details for the various L&P offices worldwide are available via the Linklaters & Paines corporate listing c/o Business Monitor Online - http://www.businessmonitor.co.uk
c Linklaters & Paines 1997 - Tel +852 2842 4888