9. If I am selling goods of a brand, can I include the brand’s trade mark in my advertising materials?

9. If I am selling goods of a brand, can I include the brand’s trade mark in my advertising materials?

Under section 21 of the Trade Marks Ordinance, use of a registered trade mark in advertising does not constitute infringement if it is done in accordance with honest practices in industrial or commercial matters.  In determining whether the use is in accordance with honest practices in industrial or commercial matters, the court may consider such factors as it considers relevant including, in particular, whether—

• the use takes unfair advantage of the trade mark;
• the use is detrimental to the distinctive character or repute of the trade mark; or
• the use is such as to deceive the public.