2. What constitutes infringement?

2. What constitutes infringement?

Under section 18 of the Trade Marks Ordinance, the owner of a registered trade mark is entitled to sue for trade mark infringement if another person uses in the course of trade or business a trade mark identical or similar to the registered trade mark in relation to identical or similar goods or services. Where the registered trade mark is a well-known trade mark (see section 4 and schedule 2 of the Trade Marks Ordinance), the owner is entitled to sue for infringement if another person uses in the course of trade or business a trade mark identical to or similar to the well-known trade mark, whether or not in relation to identical or similar goods or services.