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THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.
795
43. The Court may, on the application in writing of Removal of any person aggrieved within seven years from the date of marks on the registration of a trade mark, remove such trade mark proof of prior from the Register if it is proved to the satisfaction of the registration
in British country
Court that such trade mark is identical with, or so nearly resembles as to be calculated to deceive, any trade mark of origin. which was, prior to the registration of the first mentioned trade mark, registered in any part of the British Dominions from which the goods or description of goods in respect of which registration is applied for orignate, unless the regis- tration in Hongkong was with the consent of the proprietor of such last mentioned trade mark or unless the proprietor of the trade mark registered in Hongkong proves that he or his predecessors in business had continuously used such trade mark from a date anterior to the date of such regis- tration of the other trade mark.
44. No person shall be entitled to institute any pro- Unregistered ceeding to prevent or to recover damages for the infringe. trade mark. ment of a trade mark not registered in this Colony.
45. In an action for the infringement of a trade mark Infringe- the Court shall admit evidence of the usages of the trade ment. in respect to the get-up of the goods for which the trade mark is registered, and of any trade marks or get-up legi- timately used in connection with such goods by other
persons,
48. No registration under this Ordinance shall inter- User of fere with any bonâ fide use by a person of his own name name, or place of business, or that of any of his predecessors in address, or business, or the use by any person of any bonâ fide de- of goods. scription of the character or quality of his goods.
description
47. Nothing in this Oruinance contained shall be "Passing deemed to affect rights of action against any person for off" action. passing off goods as those of another person or the remedies in respect thereof.
Legal Proceedings.
48. In any legal proceeding in which the validity of Certificate the registration of a registered trade mark comes into of validity. question and is decided in favour of the proprietor of such trade mark, the Court may certify the same, and if it so certifies then in any subsequent legal proceeding in which such validity comes into question the proprietor of the said trade mark on obtaining a final order or judgment in his favour shall have his full costs, charges and expenses as between solicitor and client, unless in such subsequent proceeding the Court certifies that he ought not to have the same.
of proceed
49. In any legal proceeding in which the relief Registrar to sought includes alteration or rectification of the register, have notice the Registrar shall have the right to appear and be heard, ing for and shall appear if so directed by the Court. Unless rectification. otherwise directed by the Court, the Registrar in lien of appearing and being heard may submit to the Court a statement in writing signed by him, giving particulars of the proceedings before him in relation to the utter in issue or of the grounds of any decision given by him affecting the same or of the practice of the office in like cases, or of such other matters relevant to the issues, and within his knowledge as such Registrar, as he shall think fit, and such statement shall be deemed to form part of the evidence in the proceeding.
Costs.
before Court.
50. In all proceedings before the Court nuder this Costs of Ordinance the costs of the Registrar shall be in the proceedings discretion of the Court, but the Registrar shall not be ordered to pay the costs of any other of the parties.
Evidence.
51. In any proceeding under this Ordinance before Mode of the Registrar or the Governor, the evidence shall be giving given by statutory declaration in the absence of directions evidence. to the contrary, but, in any case in which he shall think it right so to do, the Registrar or the Governor may (with the consent of the parties) take evidence vivâ voce in lieu of or in addition to evidence by declaration. Any such