1986 Ed.]
Trade Marks
Section
[CAP. 43
3
Page
DEFENSIVE TRADE MARKS
55. Defensive registration of trade marks : 29
56. Defensive trade marks to be registered as associated trade marks : 29
57. Removal of defensive trade marks from the register : 30
REGISTERED USERS
58. Registration as a registered user. Meaning of "permitted use" : 30
59. Proceedings for infringement : 31
60. Variation or cancellation of registration as a registered user : 32
61. Notification of registration as registered user and of application for variation or
cancellation of such registration : 32
62. Registrar's decision subject to appeal to Court ... : 32
63. Right to use not assignable or transmissible : 33
CERTIFICATION TRADE MARKS
64. Marks registrable as certification trade marks : 33
65. Application for registration as certification trade mark : 33
66. Advertisement of application. Opposition to registration : 34
67. Right given by registration, and infringement thereof : 35
68. Alteration of deposited regulations, or expunging or varying of entry in register
relating to certification trade mark : 36
69. Certification trade mark assignable or transmissible only with Registrar's consent : 36
70. Registrar not empowered to award costs on appeals to him : 37
71. Provisions not applicable to certification trade marks : 37
72. Trade mark registered under section 59 of Trade Marks Ordinance 1909, to be
deemed registered as a certification trade mark under this Ordinance : 37
POWERS AND DUTIES OF Registrar
73. Preliminary advice by Registrar as to distinctiveness : 37
74. Hearing before exercise of discretionary power of Registrar : 38
LEGAL PROCEEDINGS AND APPEALS
75. Certificate of validity : 38
76. Trade usage, etc., to be considered : 38
77. Registrar's appearance in proceedings involving rectification... : 38
78. Appeal from Registrar... : 38
79. Appeal to Court of Appeal. Discretion of Court in appeals : 39
80. Procedure in case of option to apply to Court or Registrar : 39
COSTS
81. Costs of proceedings before the Court : 39
82. Costs of proceedings before the Registrar ... : 39
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