Trade Marks Ordinance, 2001 — section 4

4. Effect of Infringement..—_(1) The provisions of sections 39 to 42 shall apply in relation to an existing registered mark as from the commencement of this Ordinance and the provisions of section 46 shall apply in relation to infringement of an existing registered mark committed after the commencement of this Ordinance, subject to sub-para (3).

(2)The old law shall continue to apply in relation to infringement committed before the commencement of this Ordinance.

(3)It shall not be an infringement of

(a)an existing registered mark; or

(b)a registered trade mark of which the distinctive elements are the same or substantially, the same as those of an existing registered mark and which is registered for the same goods or services, to continue after the commencement of this Ordinance any use which did not amount to infringement of the existing registered mark under the old law.