18
CAP. 43)
Trade Marks
[1986 Ed.
Registration to be prima facie evidence of validity.
1938 c. 22, s. 46.
Registration in Part A to be conclusive as to validity after 7 years.
1938 c. 22, s. 13.
Equities in respect of trade marks.
1938 c. 22, s. 64(2).
Infringement by breach of certain restrictions. 1938 c. 22, s. 6.
a connexion in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the trade mark.
29. In all legal proceedings relating to a registered trade mark (including applications under section 48) 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 thereof.
30. (1) In all legal proceedings relating to a trade mark registered in Part A of the register (including applications under section 48) the original registration of the trade mark in Part A of the register shall, after the expiration of 7 years from the date of that registration, be taken to be valid in all respects, unless-
(a) that registration was obtained by fraud; or
(b) the trade mark offends against the provisions of section 12(1).
(2) Nothing in section 28(1) shall be construed as making applicable to a trade mark registered in Part B of the register the provisions of subsection (1) relating to a trade mark registered in Part A of the register.
31. Subject to the provisions of this Ordinance, equities in respect of a trade mark may be enforced in like manner as in respect of any other personal property.
32. (1) Where, by a contract in writing made with the proprietor or a registered user of a registered trade mark, a purchaser or owner of goods enters into an obligation to the effect that he will not do, in relation to the goods, an act to which this section applies, any person who, being the owner for the time being of the goods and having notice of the obligation, does that act, or authorizes it to be done, in relation to the goods, in the course of trade or with a view to any dealing therewith in the course of trade, shall be deemed thereby to infringe the right to the use of the trade mark given by the registration thereof, unless that person became the owner of the goods by purchase for money or money's worth in good faith before receiving notice of the obligation or by virtue of a title derived through another who so became the owner thereof.
(2) The acts to which this section applies are--
(a) the application of the trade mark upon the goods after they have suffered alteration in any manner specified in the contract as respects their state or condition, get-up or packing;
(b) in a case in which the trade mark is upon the goods, the alteration, part removal or part obliteration thereof;