28
CAP. 43]
Trade Marks
[1986 Ed.
Adaptation of entries in register to amended or substituted classification of goods.
1938 c. 22, s. 36.
connexion with such goods as aforesaid from a date anterior to the date of the registration of the other trade mark in the country or place of origin; or
(c) unless the applicant proves either that within the 5 years immediately preceding the making of the application under this section there has been bona fide user in connexion with such goods as aforesaid in Hong Kong of the trade mark registered in the country or place of origin, or that the special circumstances of the trade account for the non-user of such trade mark in Hong Kong within the same period, or that the trade mark so registered in the country or place of origin was first registered there within the like period of 5 years, and in either event gives an undertaking to the satisfaction of the Registrar that he will within 3 months from the making of the application under this section apply for registration in Hong Kong of the trade mark so registered in the country or place of origin, and will take all necessary steps to complete the registration.
54. (1) The Governor in Council may from time to time make such rules, prescribe such forms and generally do such things as he thinks expedient, for empowering the Registrar to amend the register, whether by making or expunging or varying entries therein, so far as may be requisite for the purpose of adapting the designation therein of the goods or classes of goods in respect of which trade marks are registered to any amended or substituted classification that may be prescribed.
(2) The Registrar shall not, in exercise of any power conferred on him for the purpose aforesaid, make any amendment of the register that would have the effect of adding any goods or classes of goods to those in respect of which a trade mark is registered (whether in one or more classes) immediately before the amendment is to be made, or of antedating the registration of a trade mark in respect of any goods:
Provided that this subsection shall not have effect in relation to goods as to which the Registrar is satisfied that compliance with this subsection in relation thereto would involve undue complexity and that the addition or antedating, as the case may be, would not affect any substantial quantity of goods and would not substantially prejudice the rights of any person.
(3) A proposal for the amendment of the register for the purpose aforesaid shall be notified to the registered proprietor of the trade mark affected, shall be subject to appeal by the registered proprietor to the Court, shall be advertised with any modifications, and may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment contravenes the provisions of subsection (2). The decision of the Registrar on any such opposition shall be subject to appeal to the Court.