1812
Registration
facie evidence of validity.
No. 40 of 1909.
TRADE MARKS.
such trade mark upon or in connexion with the goods in respect of which it is registered. Provided always that where two or more persons are registered proprietors of the same (or substantially the same) trade mark in respect of the same goods, no rights of exclusive user of such trade mark shall, except so far as their respective rights shall have been defined by the court, be acquired by any one of such persons as against any other by the registration thereof, but each of such persons shall otherwise have the same rights as if he were the sole registered proprietor thereof.
40. In all legal proceedings relating to a registered trade mark (including applications under section 35), the fact that a person is registered as proprietor of such trade mark shall be prima facie evidence of the validity of the original registration of such trade mark and of all subsequent assignments and transmissions of the same.
5 Edw. 7, c. 15, s. 40.
Registration to be conclusive after seven years. 5 Edw. 7, c. 15, s. 41.
41. In all legal proceedings relating to a registered trade mark (including applications under section 35), the original registration of such trade mark shall, after the expiration of seven years from the date of such original registration (or seven years from the passing of this Ordinance, whichever shall last happen), be taken to be valid in all respects unless such original registration was obtained by fraud, or unless the trade mark offends against the provisions of section 11.
39.1
Removal of mark on proof of prior user in country of origin.
Provided that nothing in this Ordinance shall entitle the proprietor of a registered trade mark to interfere with or restrain the user by any person of a similar trade mark upon or in connexion with goods upon or in connexion with which such person has, by himself or his predecessors in business, continuously used such trade mark from a date anterior to the user of the first-mentioned trade mark by the proprietor thereof or his predecessors in business.
42. (1) The court may, on the application in writing made within seven years from the registration of a trade mark in Hongkong by any person aggrieved by such registration, remove such trade mark from the Register, if it is proved to the satisfaction of the court that such trade mark is identical with, or so nearly resembles as to be calculated to deceive, any trade mark which was, prior to the registration in Hongkong of the first-mentioned trade mark, registered (in respect of goods of the same description as