CAP. 263]
Trade Marks (Emergency).
[1964 Ed.
Originally
8 of 1940.
CHAPTER 263,
TRADE MARKS (EMERGENCY).
To make such special provision with respect to trade marks as is expedient to meet any emergency which may arise as a result of war.
[3rd September, 1939.]
Short title.
Interpretation.
2 & 3 Geo. 6, c. 107, s. 1001).
(Cap. 188.)
(Cap. 43.)
Power of Registrar to suspend trade mark rights of an enemy or an enemy subject.
2 & 3 Geo. 6, c. 107, s. 3.
1. This Ordinance may be cited as the Trade Marks (Emergency) Ordinance.
2. (1) In this Ordinance, unless the context otherwise requires-
"enemy" and "enemy subject" have the meanings respectively assigned to them by the Trading with the Enemy Ordinance 1914;
"Registrar" means the Registrar within the meaning of the Trade Marks Ordinance.
(2) References in this Ordinance to any enactment shall be construed as references to that enactment as amended by any subsequent enactment, including, except where the context otherwise requires, this Ordinance.
3. (1) Where it is made to appear to the Registrar that it is difficult or impracticable to describe or refer to an article or substance without the use of a trade mark registered in respect of that article or substance, being a trade mark which is, or has at any time since the beginning of the third day of September nineteen hundred and thirty-nine been registered in the name of an enemy or an enemy subject, whether alone or jointly with another, or which is, or has at any such time as aforesaid been, in the proprietorship of an enemy or an enemy subject, whether alone or jointly with another, the following provisions of this section shall have effect.
(2) On the application of any person who proposes to deal in the course of trade in Hong Kong with an article or substance which is or is intended to be the same as, or equivalent to or a substitute for, the article or substance in respect of which the trade mark is registered, the Registrar may order that the right to the use of the trade mark given by the registration thereof shall be suspended-
(a) so far as regards use thereof by the applicant and any such use thereof by the other person in relation to goods connected in the course of trade with the applicant as would not be an infringement of the said right if the applicant were the proprietor of the trade mark;