Trade MARKS (AMENDMENT)
Ord. No. 55/77
A219
HONG KONG
L.S.
No. 55 of 1977
I assent.
MURRAY MacLehose,
Governor.
'29th June, 1977.
An Ordinance to amend the Trade Marks Ordinance.
[
]
Enacted by the Governor of Hong Kong, with the advice and con-
sent of the Legislative Council thereof.
1. This Ordinance may be cited as the Trade Marks (Amendment) Short title and Ordinance 1977 and shall come into operation on a day to be appointed commencement. by the Governor by notice in the Gazette.
2. The principal Ordinance is amended by adding, after section 13, Addition of new the following new section-
"Priority for application made in Convention country.
[cf. 7 Edw. 7 c. 29,
s. 91.]
13A. (1) Subject to subsection (2), any person who has applied for protection for any trade mark in a Convention country, or his legal representative or assignee, shall be entitled to registration of his trade mark under this Ordin- ance in priority to other applicants and the registration shall have the same date as the date of the application in the Convention country.
(2) For the purposes of obtaining priority under sub- section (1), the application for registration of the trade mark under this Ordinance must be made within 6 months from-
(a) the date of application for protection in the Con-
vention country; or
(b) where more than one such application for protec- tion has been made, from the date of the first application.
(3) Nothing in subsection (1) shall entitle the proprietor of a trade mark to recover damages for any infringement happening prior to the actual date on which his trade mark is registered under this Ordinance.
(4) An application for the registration of a trade mark under this section shall, subject to such further requirements as may be prescribed-
(a) be made in the same manner as an ordinary applica-
tion under this Ordinance; and
(b) specify-
(i) the Convention country in which the applica- tion for protection, or the first such application, was made; and
section 13A. (Cap. 43.)