3. What defences are available to an alleged infringer?

3. What defences are available to an alleged infringer?

Under sections 19-21 of the Trade Marks Ordinance, there are a number of defences to trade mark infringement.  Some of the most important defences include:-

• the use by a person of his own name or address or the name of his place of business in accordance with honest practices in industrial or commercial matters;
• where the goods haven been put on the market anywhere in the world under that trademark by the trademark owner, unless the goods have changed or been impaired and where the reputation or distinctiveness of the trademark in question will be adversely affected; and 
• use of a registered trade mark in comparative advertising in accordance with honest practices in industrial or commercial matters.