ONTINUED.
fall within the group (a) no great difficulty need be
Proof of their existence or of their anticipated. legal representatives in Germany should easily be fort.. coming and no question of the propriety of the restorat of the trade marks would arise in such cases.
however, the case is differ As regards clase (b), for it is assumed that the business carried on in Hon has been wound up or liquidated and that therefore so The existing as Hong-Kong is concerned there is no German person - to the business or to the trade marks. shareholders in a business that has been wound up can In no rights to such trade marks as they are not the lega representatives of the former trade mark owners.
The cases, therefore, the marks should not, in the Board' opinion, be transferred by the Custodian at all. Custodian should continue to be recognised as the ov and should exercise his rights 28 such for a limited specific period, say 2 or 2 years, at the expiretion
319
the Board are disposed to think that it would be at least desirable even if not necessary, to allow the mark to be restored to the German firm, with whose business it was formerly associated.
In cases in which it is decided to restore enemy trade marks, two alternative courses would appear to be possible: - (1) A General Divesting Order or Deed, leaving the various rights of the parties to be de termined hereafter in legal proceedings;
or
(2) Restoration of each trade mark only on special application by the parties properly entitled to them, the transfer by the Custodian to such parties being recorded in the Register of Trade Marks.
The Board strongly favour the adoption of the second course under which proof of title would be called for in each case before the transfer is made from the Custodian to the person claiming ownership. If this course be adopted it would not seem necessary that a special assignment should be made by the Custodian in each case; all that would be
which time the mari, might be thrown open again either required would be that in each case in which the title was general use or to any person applying for re-registr = made to the satisfaction of the Custodian, he should give This practice would be on the lines of that laid dow a written authorisation to the Registrar to en-enter the
of the United Kingdom which names of the applicants in the Register of Trade Marks.
the Trade Marke Aote that after renoval from the register a trade mark is practically incapable of restoration for at least a
Trade marks in Class (c) present a somewhat mo A mark of this class is probabl difficult problem. registered in the name, say, of J.A. Schmidt of Hon Such a registration is really a joint
J.A. S and Berlin. registration in the names of two entities –
of Berlin carrying on business as a manufacturer and
Such authorisation might be to the following effect:-
11
Subject to the provisions of the Treaty of Peace,
I consent to the transfer of mark standing in my name as Custodian, to
now
>
who
has proved his title to my satisfaction under the Treaty of Peace.
I am to add that the Board are disposed to suggest
5.1. Schmidt of Hong-Kong carrying on business as an, that before instructions are finally sent to the Governor
the mark indicating, both the m nufacturer's and the The latter business has been liquidated
it would not, in the business.
is no longer in existence. view, be inconsistent with the Treaty to regard such as incapable of restoration as Clause 5 of the Ann: of the Treaty contemplates the case of a company in common with a company incorporated elsewhere and If, howe nises the validity of any dealing with the marks of subordinate company by War legislation. imports by the German firm into Hong-kong are to b
the
of Hong-Kong on these lines it might be desirable to obtain
the concurrence of the Foreign Office, as questions relative the interpretation of the Treaty of Peace are involved.
It
-