1868
No. 40 of 1909.
Unregistered trade mark. 5 Edw. 7 c. 15 s. 42.
Infringement. ib. s. 43.
User of name, address, or description of goods. ib. s. 44.
"Passing off" action. ib. s. 45.
Certificate of validity. ib. s. 46.
Registrar to have notice of proceeding for rectification. ib. s. 47.
TRADE MARKS
period of 5 years, and in either event gives an undertaking to the satisfaction of the Registrar that he will within 3 months from the making of the application under this section apply for registration in Hongkong of the trade mark so registered in the country or place of origin, and will take all necessary steps to complete such registration.
(2) All applications under this section shall be heard in open Court in the Supreme Court in its Original Jurisdiction.
43. No person shall be entitled to institute any proceedings to recover damages for the infringement of a trade mark not registered in the Colony.
44. In an action for the infringement of a trade mark the Court trying the question of infringement shall admit evidence of the usages of the trade in respect to the get-up of the goods for which the trade mark is registered, and of any trade marks or get-up legitimately used in connection with such goods by other persons.
45. No registration under this Ordinance shall interfere with any bonâ fide use by a person of his own name or place of business, or that of any of his predecessors in business, or the use by any person of any bonâ fide description of the character or quality of his goods.
46. Nothing in this Ordinance contained shall be deemed to affect rights of action against any person for passing off goods as those of another person or the remedies in respect thereof.
Legal Proceedings.
47. In any legal proceeding in which the validity of the registration of a registered trade mark comes into 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.
48. In any legal proceeding in which the relief sought includes alteration or rectification of the register, the Registrar shall have the right to appear and be heard, and shall appear if so directed by
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