THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.
Identical Trade Marks.
19. Except in the case of trade marks in use before the Identical thirteenth day of August one thousand eight bundred and marks. seventy-five which are registered in the United Kingdom as old marks used before the said date, no trade mark shall be registered in respect of any goods or description of goods which is identical with one belonging to a different. proprietor which is already on the register with respect to such goods or description of goods, or so nearly resembling such a trade mark as to be calculated to deceive.
marks.
20. Where each of several persons claims to be pro- Rival claims prietor of the same trade mark, or of nearly identical to identical trade marks in respect of the same goods or description of goods, and to be registered as such proprietor, the Regis trar may refuse to register any of them until their rights have been determined by the Court, or have been settled by agreement in a manner approved by him or on appeal by the Court.
21. In case
of honest concurrent user or of other Concurrent special circumstances which, in the opinion of the Court, user. make it proper so to do, the Court may permit the regis- tration of the same trade mark, or of nearly identical trade marks, for the same goods or description of goods by more than one proprietor subject to such conditions and limita- tions, if any, as to mode or place of user or otherwise, as it may think right to impose: Provided that all applica- tions under this section shall be heard in open Court in Original Jurisdiction,
marks regis.
22. The Registrar may refuse to register any trade Protection of mark if it is proved to his satisfaction by the person tered in opposing the application for registration that such mark British is identical with, or so nearly resembles as to be calculated country of to deceive, any trade mark which is already registered in origin. any part of the British Dominions from which the goods or description of goods in respect of which registration is applied for originate, unless with the consent of the pro- prietor of such last mentioned trade mark, or unless the applicant for registration proves that he or his predeces- sors in business have continuously used the trade mark, the registration of which is applied for, from a date anterior to the date of such registration of the other trade mark.
Assignment.
of trade
23. A trade mark when registered shall be assigned Assignment and transmitted only in connection with the goodwill of and the business concerned in the goods for which it has been transmission registered and shall be determinable with that goodwill. marks. But nothing in this section contained shall be deemed to affect the right of the proprietor of a registered trade mark to assigu the right to use the same in any British posses- sion or protectorate or foreign country in connection with any goods for which it is registered together with the goodwill of the business therein in sneh goods.
24. In any case where from any canse, whether by Apportion. reason of dissolution of partnership or otherwise, a per- ment of son ceases to carry on business, and the goodwill of such marks on person does not pass to one successor but is divided, the dissolution
of part- Registrar may (subject to the provision of this Ordinance nership. as to associated trade marks), on the application of the parties interested, permit an apportionment of the regis tered trade marks of the person among the persons in fact continuing the business, subject to Such conditions and modifications, if any, as he may think necessary in the public interest. Auy decision of the Registrar under this section shall be subject to appeal to the Court.
Associated Trade Marks.
25. If application be made for the registration of a Associated trade mark so closely resembling a trade mark of the trade marks. applicant already on the register for the same goods or - description of goods as in the opinion of the Registrar to be calculated to deceive or cause confusion if used by a person other than the applicant, the Tribunal hearing the applicant may require as a condition of registration that such trade marks shall be entered on the register as associated trade marks.
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