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mark and will take all necessary steps to
complete such registration.
121
A special section (42) has been introduced empowering the Court to remove a mark from the Register on application made
within seven years from registration and upon proof that such mark conflicts with a mark which was registered in the country or
place from which the goods covered by the mark originate before the registration of the first mentioned mark in Hongkong.
This section provides that no trade mark shall he
removed under it
(a)
If there has been consent to the registration
in Hongkong; or
(b)
(c)
If the proprietor of the trade mark registered
in Hongkong proves that he used such trade mark
in Hongkong prior to the date of registration
of the other trade mark in the country of ori-
cin; or
Unless the applicant proves that within five
years immediately proceding the application
there has been a bona fide user in connection
with such goods as aforesaid in Hongkong of the
trade mark registered in the country of origin
or is able to account for non-user or that the
mark so registered in the country of origin was
first registered there within the like period
of five years and in either event the applicant
must undertake to have his mark registered in
Hongkong and take all recessary steps to com-
plote such registration.
Sections21 and 42 of the Ordinance have been introduced
with a view of preventing piracy by local traders of well know
trade marks registered by the manufacturers in the country or
place in which the goods originate. The period of five years in
Proviso C of section 42 is parallel to the similar period in