1986 Ed.]
Trade Marks
[CAP. 43
13
mark when registered shall be registered as of the date of the application for registration, and such date shall be deemed for the purposes of this Ordinance to be the date of registration: (Amended, 55 of 1977, s. 3)
Provided that, in relation to the date as of which a trade mark shall be registered and to the date to be deemed the date of registration, this subsection shall, as respects an application to which section 13A applies, have effect subject to that section. (Added, 55 of 1977, s. 3)
(2) The registration of a trade mark shall be for a period of 7 years, but may be renewed according to the provisions of section 45:
Provided that, in relation to a registration as of a date before the commencement of this Ordinance, this subsection shall have effect with the substitution of a period of 14 years for the said period of 7 years.
(3) On the registration of a trade mark the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof under the hand and seal of the Registrar.
(4) When the registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice.
18. (1) An application for the registration of a trade mark in respect of any goods shall not be refused, nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark-
(a) if the Registrar is satisfied that a body corporate is about to be constituted, and that applicant intends to assign the trade mark to the corporation with a view to the use thereof in relation to those goods by the corporation; or
(b) if the application is accompanied by an application for the registration of a person as a registered user of the trade mark, and the Registrar is satisfied that the proprietor intends it to be used by that person in relation to those goods and the Registrar is also satisfied that that person will be registered as a registered user thereof immediately after the registration of the trade mark.
(2) The Registrar may, as a condition of the exercise of the power conferred by subsection (1) in favour of an applicant who relies on intention to assign to a corporation as aforesaid, require him to give security for the costs of any proceedings relative to any opposition, and in default of such security being duly given may treat the application as abandoned.
[cf 1938 Geo. 6 c. 22, s. 19(1).]
1938 c. 22, s. 20(1).
1938 c. 22, s. 19(2).
1938 c. 22, s. 19(3),
Application for registration of mark not to be used by applicant but to be assigned to corporation to be constituted or to be used by registered user. 1938 c. 22, s. 29.